Smt.Farkhunda Khanum vs Smt.Vani Mukundan
2023 Latest Caselaw 9688 Kant

Karnataka High Court

Smt.Farkhunda Khanum vs Smt.Vani Mukundan on 7 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                                  -1-
                                                               NC: 2023:KHC:44448
                                                             RFA No. 659 of 2008




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                                BEFORE
                               THE HON'BLE MR JUSTICE V SRISHANANDA

                             REGULAR FIRST APPEAL NO. 659 OF 2008 (DEC)

                      BETWEEN:
                      SMT. FARKHUNDA KHANUM
                      W/O. COL RAM K SHARMA,
                      AGED ABOUT 61 YEARS,
                      R/AT.NO.30,
                      AGA ABDULLLA STREET,
                      RICHMOND TOWN,
                      BANGALORE - 560 025.
                                                                      ...APPELLANT

                      (BY SRI: S.G. MUNNISWAMY GOWDA, ADVOCATE (ABSENT))

                      AND:
Digitally signed by   SMT. VANI MUKUNDAN
PAVITHRA N
                      W/O. LATE MUKUNDAN
Location: High
Court Of Karnataka    AGED ABOUT 70 YEARS,
                      R/AT.NO.28, AGA ABDULLA STREET,
                      RICHMOND TOWN,
                      BANGALORE - 560 025.
                                                                    ...RESPONDENT
                      (V/O DTD 18/01/2023 NOTICE TO RESPONDENT)

                           THIS RFA IS FILED U/S. 96 R/W O XLI R 1 OF CPC AGAINST
                      THE   JUDGMENT    AND   DECREE    DT.25.1.2008  PASSED    IN
                      O.S.NO.15170/2004 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL
                      JUDGE, MAYOHALL UNIT, BANGALORE, DISMISSING THE SUIT FOR
                      DECLARATION AND POSSESSION.



                           THIS RFA, COMING ON FOR FINAL HEARING, THIS DAY, THE
                      COURT DELIVERED THE FOLLOWING:
                                    -2-
                                                  NC: 2023:KHC:44448
                                                 RFA No. 659 of 2008




                                JUDGMENT

Case called out twice. None appears on behalf of the

appellant.

2. The suit of the plaintiff which is of the year 2004

which came to be dismissed and the appeal is pending since

2008. The order sheet discloses that the appellant is not

diligent in prosecuting the appeal.

3. On 07.06.2023, there was no representation on

behalf of the appellant. Matter stood adjourned to 18.07.2023

as a last chance.

4. On 18.07.2023 also, there was no representation

for the appellant and the matter stood adjourned to

04.07.2023.

5. Even on 04.07.2023, there was no representation.

Thereafter, matter was listed on 22.11.2023, on which date

also, there was no representation on behalf of the appellant.

NC: 2023:KHC:44448

6. Today, even in second round of calling the cases,

there is no representation. Left with no alternative, appeal

stands dismissed for non-prosecution.

Sd/-

JUDGE

PN