Sri K V Srinivas vs Sri D M Kishan
2023 Latest Caselaw 9689 Kant

Karnataka High Court

Sri K V Srinivas vs Sri D M Kishan on 7 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                             -1-
                                                       NC: 2023:KHC:47114
                                                     RFA No. 1107 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. 1107 OF 2008 (INJ)

                 BETWEEN:
                 SRI K V SRINIVAS
                 S/O. KABADI VENKOBASA,
                 AGED 59 YEARS, NO.22,
                 3RD CROSS, K V TEMPLE
                 STREET CROSS, P S LANE,
                 BANGALORE - 560053.
                                                              ...APPELLANT
                 [BY SRI. K.V. SRINIVAS, ADVOCATE (ABSENT)]

Digitally        AND:
signed by
PAVITHRA N       1.    SRI D M KISHAN
                       S/O. DHONDALAY MUNISWAMYSA,
Location: high
court of               38 YEARS, C/O. HOTEL
karnataka              CITY MERIDIAN, NO 21,
                       3RD CROSS, P S LANE,
                       K V TEMPLE STREET,
                       BANGALORE - 560053.

                 2.    SRI K SUBBARAYA
                       S/O. LATE G S KRISHNA RAO,
                       60 YEARS,

                 3.    SRI K RAMACHANDRA
                       S/O. LATE G S KRISHNA RAO,
                       52 YEARS,

                 4.    SRI G K PUTTARAMU
                       S/O. LATE G S KRISHNA RAO,
                       48 YEARS,
                                -2-
                                            NC: 2023:KHC:47114
                                          RFA No. 1107 of 2008




5.   SRI G K ANANDA
     S/O. LATE G S KRISHNA RAO,
     45 YEARS, RESPONDENTS 2 TO 5
     R/AT NO 20, PURANASESHACHAR LANE,
     3RD CROSS, K V TEMPLE STREET,
     BANGALORE - 560053.

                                                ...RESPONDENTS
(BY SRI. S GANGADHAR AITHAL, ADVOCATE FOR R2-5
BY SRI H.S.SOMANATH, ADVOCATE FOR R1)

     THIS RFA FILED U/S 96 OF CPC AGAINST THE
JUDGEMENT AND DECREE DATED 19.06.2008 PASSED IN
OS.NO.1640/2001 ON THE FILE OF THE XXXVII ADDL. CITY
CIVIL AND SESSIONS JUDGE, CCH.NO.38, BANGALORE CITY,
DISMISSING THE SUIT FOR PERPETUAL INJUNCITON AND
MANDATORY INJUNCTION.

    THIS RFA COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

The appellant was earlier represented by learned counsels

Sri M.V.Raghunathachar and Sri M.R.Vijayaraghavan. They are

no more. Therefore, by way of abundant caution, this Court

issued Court notice to the appellant.

2. As per the report, Court notice is served on the

appellant. Hence, service is held sufficient. Appellant is called

out, absent. Appellant has not chosen to engage any other

counsel.

NC: 2023:KHC:47114

Accordingly, left with no alternate, appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

PN