Karnataka High Court
Smt Vennila vs Smt S Shobavathi on 5 July, 2023
Bench: H T Prasad
-1-
NC: 2023:KHC:23051
RFA No. 1565 of 2015
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. 1565 OF 2015 (RES)
BETWEEN:
SMT VENNILA
W/O SRI M NATARAJAN
AGED ABOUT 52 YEARS
EARLIER RESIDING AT NO.13
CHOWDESHWARI NILAYA
ANJANEYA TEMPLE 1ST STREET
SHESHADRIPURAM, BANGALORE-560020
NOW AT NO.193, SUBEDAR CHATTRAM ROAD
SESHADRIPURAM CIRCLE
BANGALORE-560020.
...APPELLANT
(BY SMT. SHWETHA ANANAD., ADVOCATE[ABSENT])
AND:
Digitally signed
by 1. SMT S SHOBAVATHI
DHANALAKSHMI W/O SRI R SESHACHALAM
MURTHY AGED ABOUT 62 YEARS
Location: High RESIDING AT SPECIFIC RESIDENCY
Court of
Karnataka HARIHANTHNAGAR
KHUSGAL ROAD, KESHVAPUR
HUBLI-580023.
2. SMT K KUSUMA KUMARI
W/O SRI V K KAMALA NABHA
AGED ABOUT 57 YEARS
RESIDING AT 184/3
III MAIN ROAD, 6TH CROSS
CHAMARAJPET,BANGALORE.
-2-
NC: 2023:KHC:23051
RFA No. 1565 of 2015
3. SMT V HEMALATHA
W/O SRI B VENKATESH
AGED ABOUT 59 YEASR
RESIDING AT NO.61, II FLOOR
BASKAR NAIDUS STREET
SAIDAPET, VELLOR-14
TAMIL NADU STATE.
4. SMT R SASHIKALA
W/O SRI RAVINDRA K NAIDU
AGED ABOUT 55 YEARS
RESIDNG AT NO.7/9
9TH CROSS, ADARSHA NAGAR
CHAMARAJPET, BANGALORE-560018.
5. SMT KOUSALYA
S/O LATE R NAVEEN CHANDRA
AGED ABOUT 59 YEARS.
6. MR NARESH KUMAR
S/O LATE R NAVEEN CHANDRA
AGED ABOUT 36 YEARS
7. MR AMARESH KUMAR
S/O LATE R NAVEEN CHANDRA
AGED ABOUT 34 YEARS
R 7, 8 & 9 RESIDING AT NO.232/A,
II FLOOR, 7TH CROSS
TANK BUND ROAD
SUBRAMANYANAGAR
BANGALORE-560021.
8. SRI R MOHAN CHANDRA
S/O LATE M E RAJAGOPAL
AGED ABOUT 63 YEARS
RESIDING AT NO.88
I MAIN ROAD,9TH CROSS
CHAMARAJPET, BANGALORE-560018.
-3-
NC: 2023:KHC:23051
RFA No. 1565 of 2015
9. SRI R KRISHNA CHANDRA
S/O LATE M R RAJAGOAPL
AGED ABOUT 60 YEARS
RESIDING AT NO.363
9TH MAIN, OPPOSITE RANI CLINIC
50 FEET ROAD, HANUMANTHNAGAR
BANGALORE-560019.
10. SRI. M BHASKAR
S/O LATE SRI. S V MARGABANDHU
AGED ABOUT 51 YEARS
(IMPLEADED AS RESPONDENT VIDE
ORDER DATED:24.11.2020
OF THIS HON'BLE COURT)
11. SMT. MAHESHWARI
W/O SRI M BHASAKR
AGED ABOUT 45 YEARS
(IMPLEADED AS RESPONDENT VIDE
ORDER DATED:24.11.2020
OF THIS HON'BLE COURT)
BOTH 10TH AND 11TH RESPONDENTS ARE
RESIDING AT No.11, 2ND CROSS
RAMAKRISHNA STREET, SHESHADRIPURAM
BANGALURU-560 020.
...RESPONDENTS
(BY SRI. KRIAN V RON., ADVOCATE FOR R2 & FOR
IMPLEADING R10 & R11:
SRI. S.V. VENUGOPAL, ADVOCATE FOR R1,R3 & R4:
SRI. R MOHAN CHANDRA, ADVOCATE FOR R8
NOTICE TO R5,R6 R7 & R9 SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE ORDER DATED 16.01.2015 PASSED IN FDP
NO.78/2012 ON THE FILE OF THE PRL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, ORDERED THAT THERE IS NO
IMPEDIMENT IN ACCEPTING THE COMMISSIONER REPORT.
-4-
NC: 2023:KHC:23051
RFA No. 1565 of 2015
THIS THE COMMISSIONER REPORT IS ACCEPTED. DRAW FINAL
DECREE AS PER THE COMMISSIONER REPORT AND SKETCH IF
PROPER STAMP PAPER IS FURNISHED.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
When the matter was posted on 03.07.2023, none
appeared for the appellant. Hence, the matter was ordered
to be listed on 04.07.2023 on top of the list for orders.
Again when the matter was listed on 04.07.2023, none
appeared for the appellant and hence, the matter was
directed to be listed on 05.07.2023 under the caption "for
dismissal of the appeal".
Even today when the matter is called out, none
appears for the appellant. It appears that the appellant is
not interested in prosecuting the case. Hence, the appeal
is dismissed for non-prosecution.
Sd/-
JUDGE
HA
