Sri Narayanappa vs S Mune Gowda
2023 Latest Caselaw 9855 Kant

Karnataka High Court

Sri Narayanappa vs S Mune Gowda on 8 December, 2023

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                                                   NC: 2023:KHC:44713
                                                 RFA No. 664 of 2010




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 8TH DAY OF DECEMBER, 2023

                                     BEFORE
                      THE HON'BLE MR JUSTICE ANIL B KATTI
                     REGULAR FIRST APPEAL NO. 664 OF 2010
            BETWEEN:
            1.      SRI. NARAYANAPPA,
                    S/O LATE SRI. CHOWDAPPA,
                    SINCE DEAD BY LRS,
            1(A). SMT. NARAYANAMMA,
                  AGED ABOUT 65 YEARS,
                  W/O LATE NARAYANAPPA,
                  RESIDING AT NO.11,
                  GOVERNMENT SCHOOL ROAD,
                  DASARAHALLI, HEBBAL POST,
                  BANGALORE - 560 024.
           1(B). SRI. MUNIYAPPA,
                 AGED ABOUT 57 YEARS,
                 RESIDING AT NO.31/77,
Digitally        DASARAHALLI, HEBBAL POST,
signed by        KEMPE GOWDA ROAD,
SUMITHRA R
                 BANGALORE - 560 024.
Location:
HIGH COURT 1(C). SRI. N. VEERANNA,
OF               AGED ABOUT 47 YEARS,
KARNATAKA
                    RESIDING AT NO.11,
                    GOVERNMENT SCHOOL ROAD,
                    DASARAHALLI, HEBBAL POST,
                    BANGALORE - 560 024.
                    AMENDED AS PER THE ORDER DATED 20.01.2012
                                                       ...APPELLANTS
            (BY SRI. PRAVEEN R.J.S, ADVOCATE AND
                SRI. R.J. JAGADEESH, ADVOCATE ( ABSENT) )
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                                              NC: 2023:KHC:44713
                                         RFA No. 664 of 2010




AND:

1.   SRI. S. MUNE GOWDA,
     S/O SRI. SONNAMARAPPA,
     AGED ABOUT 50 YEARS,
     R/O DASARAHALLI VILLAGE,
     H.A.FARM POST, BANGALORE - 560 024.

2.   SMT. RATHNAMMA,
     W/O SRI. S. MUNEGOWDA,
     AGED ABOUT 50 YEARS,
     R/O DASARAHALLI VILLAGE,
     H.A.FARM POST, BANGALORE - 560 024.
                                                 ...RESPONDENTS
(BY SRI. R.B. SADASHIVAPPA, ADVOCATE FOR R1 AND R2)

    THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED: 10.02.2010 PASSED IN
OS.NO.8360/2000 ON THE FILE OF THE XVII ADDL. CITY CIVIL
JUDGE,   BANGALORE,    DISMISSING    THE    SUIT    FOR
DECLARATION AND PERMANENT INJUNCTION.

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

Learned counsel for the appellants called out absent.

2. Sri Nandish Gowda, representing

Sri R.B.Sadashivappa, learned counsel for respondent

Nos.1 and 2 is present.

NC: 2023:KHC:44713

3. The office has reported that the cost awarded by

this Court vide order dated 01.12.2023 has not been paid.

Today also, there is no representation on behalf of the

appellant. The appellant, inspite of giving sufficient

opportunity to argue the matter has not chosen to argue

the matter has not complied with the order passed by

this Court dated 01.12.2023. The matter is of the year

2010.

4. It appears that the appellant legal representatives

are not interested in prosecuting the appeal. Hence, the

appeal is dismissed for non-prosecution.

SD/-

JUDGE

CH

CT: BHK