Smt K N Vinaya vs Smt Bindhya R Kumar
2023 Latest Caselaw 4085 Kant

                                         -1-
                                                 NC: 2023:KHC:23348
                                                   RFA No. 1943 of 2017




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 6TH DAY OF JULY, 2023
                                        BEFORE
                    THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                     REGULAR FIRST APPEAL NO. 1943 OF 2017 (INJ)
               BETWEEN:
               SMT K N VINAYA
               W/O SRI.NAVEEN KUMAR NAIK
               AGED ABOUT 34 YEARS,
               R/AT NO.17, 8TH MAIN ROAD,
               CENTRAL EXCISE LAYOUT,
               VIJAYANAGAR,
               BENGALURU -560040
                                                               ...APPELLANT
               (BY SRI. YOGENDRA S., ADVOCATE)
               AND:
               1. SMT BINDHYA R KUMAR
                  W/O SRI. AELDRED D COSTA
                  AGED ABOUT 45 YEARS
Digitally         R/AT NO.19, 8TH MAIN ROAD,
signed by         CENTRAL EXCISE LAYOUT,
VEENA
KUMARI B          VIJAYANAGAR, BANGALORE-560040
Location:
High Court
of Karnataka   2.   SRI. SIDDALINGA SWAMY
                    S/O LATE RAJAPPA SHETTY,
                    AGED ABOUT 55 YEARS
                    R/AT NO.317/10, 1ST F CROSS,
                    RPC LAYOUT, NEAR BTS GARAGE,
                    VIJAYANAGARA, BANGALORE-560040
                                                             ...RESPONDENTS
               (BY SRI. RAVISHANKAR S., ADVOCATE FOR C/R2)
                                -2-
                                      NC: 2023:KHC:23348
                                         RFA No. 1943 of 2017




     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
16.08.2017 PASSED IN OS NO.355/2013 ON THE FILE OF THE
XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY,    DECREEING THE SUIT FOR PERMANENT
INJUNCTION.

     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:

                              ORDER

None appear in this matter either physically or through

video conference.

2. After getting this matter admitted on 06.12.2017 till

today the appellant has not paid process for issuance of notice

even for the first time upon respondents. No reasons are

forthcoming for nonappearance of the learned counsel for the

appellant.

3. If there is any difficulty in taking steps, the learned

counsel for the appellant could have appeared through video

conference and made his submission. In which regard also no

attempt is made. This shows that appellant is not interested in

prosecuting the matter. The appeal is of the year 2017.

NC: 2023:KHC:23348 RFA No. 1943 of 2017

Accordingly, the appeal stands dismissed for non-

prosecution and also for not taking steps.

Sd/-

JUDGE

BVK