Karnataka High Court
M Jayaram vs M/S Palaniappan & Selvaraj on 4 July, 2023
Bench: Dr.H.B.Prabhakara Sastry
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NC: 2023:KHC:22997
RFA No. 1581 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 1581 OF 2017 (RES)
BETWEEN:
1. M Jayaram
S/O Late Munithanappa,
Aged About 86 Years,
2. Smt Jayalakshmi
W/O M Jayaram,
Aged About 80 Years,
3. Sri Mohan Jayaram
S/O M Jayaram,
Aged About 52 Years,
All are residing at No.42,
Basappa Road,
Digitally signed
by
BHARATHIDEVI
Shanthinagar,
K KORLAHALLI
Location: High
Bengaluru-560027.
Court of
Karnataka ...Appellants
(By Sri. Padubidri R Mohan Rao., Advocate)
AND:
1. M/S Palaniappan & Selvaraj
Plaintain Merchants,
Munithanappa Market,
No.63/1, Gundopanth Street,
Bengaluru-560002.
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NC: 2023:KHC:22997
RFA No. 1581 of 2017
P Palaniappan
S/O Periyanna Chettiyar,
Aged About 85 Years,
Plaintain Merchants,
No.63/1, Munithanappa Market,
Gundopanth Street,
Bengaluru-560002
Since Deceased By LRs.
Smt Kamalamma,
2. W/O Late P Palaniappan,
Aged About 85 Years,
3. Sri Manjunath
S/O Late P Palaniappan,
Aged About 46 Years,
4. Sri Gowri Shankar
S/O Late P Palaniappan,
Aged About 40 Years,
5. Smt Usha
W/O Saravanamurthy,
Aged About 62 Years,
Respondents Nos.2 to 5
Are residing at
No.(12/104)2063,
20th Main Road,
2nd Block, Rajajinagar,
West Of Chord Road,
Near Yesukripalaya Church,
Bangalore-560010.
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NC: 2023:KHC:22997
RFA No. 1581 of 2017
Sri N Selvaraj
Since Deceased By Lrs,
Smt S Lalitha,
6. W/O Late N Selvaraj,
Major,
R/At No.162,
30th Cross, 7th Main,
5th Block, Jayanagar,
Bangalore-560041.
7. Sri S Rajendran
S/O Late N Selvaraj,
Aged About 50 Years,
Gowrishankar Palintain Mandi,
Plaintain Merchants & Commission Agents,
No.28, APMC Yard,
Binni Mill Tank Bund Road,
Near Binni Mill,
Bengaluru-560 053.
...Respondents
This Regular First Appeal is filed under Section 96 of the Civil
Procedure Code, praying to set aside the judgment and decree dated
28.10.1990, passed in OS.No.5257/1990, on the file of learned XXXI
Addl.City Civil and Sessions Judge, Bengaluru, call for records in
O.S.No.5257/1990, on the file of the learned XXXI Addl.City Civil and
Sessions Judge, Bengaluru, pass such other order or orders as this
Hon'ble Court deems it appropriate in the admitted facts and
circumstances of this case, to meet the ends of justice and award
costs of this appeal.
This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made the
following:
ORDER
Learned counsel for the appellants is neither present
physically nor through Video Conference. No reasons are
NC: 2023:KHC:22997
RFA No. 1581 of 2017
forthcoming for his non-appearance, as well for not taking
the steps to ensure the service of notice to the respondents.
2. A perusal of the order sheet would go to show that
notice was ordered in this appeal as long back as on
04.03.2021. Since then, till today, though two dates of
hearing came in-between and the appellants were granted
time to do the needful, still the appellants have not taken
the steps. As such, this appeal of the year 2017 is still
remains in the same stage showing no progress as the
appellants are not evincing any interest to take steps and to
prosecute the matter. Hence, I do not find any reason to
grant further time.
Accordingly, the Appeal stands dismissed for
non-prosecution, as well as for not taking the steps.
Sd/-
JUDGE
