Smt Sulochana Prabhu Uddi vs R Srinivas
2023 Latest Caselaw 4021 Kant

                                             -1-
                                                   NC: 2023:KHC:23124
                                                     RFA No. 1253 of 2017




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 5TH DAY OF JULY, 2023

                                         BEFORE
                    THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                     REGULAR FIRST APPEAL NO.1253 OF 2017 (RES)

               BETWEEN:

               1.    SMT.SULOCHANA PRABHU UDDI
                     AGED ABOUT 69 YEARS
                     W/O.PRABHU UDDI

               2.    SRI PRABHU UDDI
                     AGED ABOUT 71 YEARS
                     S/O.LATE DODDA BASAPPA UDDI

                     BOTH ARE R/AT NO.4
                     'HOMBALE', CHALUKYA NAGAR
                     NAGARABHAVI MAIN ROAD
                     BENGALURU - 560 072
                                                            ...APPELLANTS
               (BY SRI SURESH P., ADVOCATE)

Digitally      AND:
signed by
VEENA
KUMARI B
Location:      1.    R.SRINIVAS
High Court
of Karnataka         AGED ABOUT 58 YEARS
                     S/O.RUDRAPPA (LATE)
                     R/AT NO.42, 1ST FLOOR
                     6TH BLOCK, 6TH CROSS
                     NAGARABHAVI 2ND STAGE
                     BDA LAYOUT, BENGALURU - 560 092

               2.    R.MUNIRATNAM
                     AGED ABOUT 70 YEARS
                     S/O.LATE RAMASWAMY
                     R/AT NO.02, 2ND CROSS
                     M.D.BLOCK
                             -2-
                                     NC: 2023:KHC:23124
                                         RFA No. 1253 of 2017




     MALLESHWARAM
     BENGALURU - 560 021

3.   RAMACHANDRA
     AGED ABOUT 58 YEARS
     S/O.V.NANJAPPA
     R/AT 3033, 2ND MAIN
     3RD CROSS, GAYATHRI NAGAR
     BENGALURU - 560 021

4.   VARALAKSHMI @ SHOBHA
     W/O.KRISHNA MURTHY
     AGED ABOUT 34 YEARS
     R/AT 2296/A, 10TH MAIN
     MARIYAPPANA PALYA
     2ND STAGE, 1ST BLOCK
     RAJAJINAGAR
     BENGALURU - 560 010

5.   NAGARAJA
     AGED ABOUT 30 YEARS
     S/O.SRIRANGARAJU N.K.
     R/AT NO.83, 13TH CROSS
     RAJAJINAGAR 1ST BLOCK
     2ND STAGE, BENGALURU - 560 010
                                                 ...RESPONDENTS

      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 READ WITH ORDER XLI RULE 1 OF CPC PRAYING TO SET
ASIDE    THE   JUDGMENT   AND     DECREE    DATED   01.03.2017
PASSED    IN   O.S.No.6662/2014     ON     THE   FILE   OF   VIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-15) AT
BENGALURU AND ETC.

      THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS
DAY, THE COURT MADE THE FOLLOWING:
                                -3-
                                        NC: 2023:KHC:23124
                                           RFA No. 1253 of 2017




                             ORDER

None appear for the appellants either physically or

through video conference.

2. On 23.06.2023, this Court had made the following

observation:

"Heard the submission of learned counsel for appellants.

A week's time is granted to take fresh steps with respect to unserved respondents, failing which, the Court may proceed to pass appropriate orders, including dismissal of the appeal as against unserved respondents.

In case if the steps are not taken, Registry to list this matter on 05.07.2023.

3. In spite of the same, the appellants have not

taken fresh steps with respect to unserved respondents

including respondent Nos.1, 2 and 4 on I.A.No.1/2017 and

not taken steps with respect to respondent Nos.3 and 5.

This clearly goes to show that the appellants are not

evincing any interest in prosecuting the appeal, which is

one of the oldest appeal of the year 2017.

NC: 2023:KHC:23124 RFA No. 1253 of 2017

Hence, appeal stands dismissed for non-prosecution

and for not taking steps.

Sd/-

JUDGE

LB