Sri Kishore Bhandary vs Dr Syed Nazeer Basha
2023 Latest Caselaw 4033 Kant

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                                                 NC: 2023:KHC:23050
                                                     RFA No. 963 of 2016




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF JULY, 2023

                                        BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                     REGULAR FIRST APPEAL NO. 963 OF 2016 (RES)


                 BETWEEN:

                 SRI KISHORE BHANDARY
                 S/O B.N.BHANDARY
                 AGED 44 YEARS
                 R/AT NO.1-150
                 JAPEENA NAGARA
                 MANGALORE-575 002
                                                            ...APPELLANT
                 (BY SRI. K PRASANNA SHETTY., ADVOCATE)

                 AND:

                    DR SYED NAZEER BASHA
                    AGED ABOUT 53 YEARS
                    W/O LATE SYED IBRAHIM SAHIB
Digitally signed by R/O NO.50/1, 2ND CROSS
DHANALAKSHMI VENKATAPURA, KORAMANGALA 1ST BLOCK
MURTHY              BENGALURU-560 034.
Location: High
Court of                                                  ...RESPONDENT
Karnataka        (BY SRI. PRABHULINGA MURTHY B R ., ADVOCATE)


                        THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
                 AGAINST THE JUDGMENT AND DECREE DATED: 08.03.2016
                 PASSED IN O.S NO.7729/2013 ON THE FILE OF THE XL ADDL.
                 CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 41),
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                                   NC: 2023:KHC:23050
                                       RFA No. 963 of 2016




DECREEING THE SUIT FOR EJECTMENT, ARREARS OF RENT
AND MESNE PROFITS.

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

                       JUDGMENT

1. Learned counsel for the respondent submits that

pursuant to judgment and decree passed by the trial Court

dated 08.03.2016, the plaintiff has filed an execution

petition. The judgment and decree has been executed.

Therefore, nothing survives for consideration in this

appeal.

2. Learned counsel for the appellant has filed a memo

dated 05.07.2023 stating that the appellant has taken

back the entire file along with NOC in the year 2019.

3. The appellant called out. No representation and he

has not engaged any other counsel to prosecute the case.

4. Memo is taken on record.

NC: 2023:KHC:23050 RFA No. 963 of 2016

5. It appears that the appellant is not interested in

prosecuting the appeal. Hence, the appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

HA