Kum. Leelavathi vs Sri. B.L. Naik
2023 Latest Caselaw 4331 Kant

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                                                NC: 2023:KHC:24042
                                                   RFA No. 1520 of 2015




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 12TH DAY OF JULY, 2023

                                       BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   REGULAR FIRST APPEAL NO. 1520 OF 2015 (MON)
                BETWEEN:

                KUM. LEELAVATHI
                D/O LATE B.M.ANNAIAH
                AGED ABOUT 41 YEARS
                PROPRIETRIX OF M/S LEELU
                ENTERPRISES, 1ST FLOOR
                NARAYANA REDDY BUILDING
                CHOWDESHWARI TEMPLE STREET
                MARATHAHALLI, BENGALURU-560037.
                                                             ...APPELLANT
                (BY SRI. RAVISHANKAR S.,ADVOCATE [ABSENT])

                AND:

                 SRI. B.L. NAIK
Digitally signed S/O L.V.NAIK
by               AGED ABOUT 64 YEARS
DHANALAKSHMI NOW R/AT NO.827, 4TH MAIN
MURTHY           CHOWDESWARI LAYOUT
Location: High   BEHIND TULASI TALIKIES
Court of         MARATHAHALLI, BANGALORE-560037.
Karnataka                                                ...RESPONDENT
                     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
                AGAINST THE JUDGMENT AND DECREE DATED: 05.08.2015
                PASSED IN O.S NO.4056/1999 ON THE FILE OF THE XXXI
                ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY,
                (CCH 14), DECREEING THE SUIT FOR RECOVERY OF MONEY.

                    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                COURT DELIVERED THE FOLLOWING:
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                                      NC: 2023:KHC:24042
                                            RFA No. 1520 of 2015




                         JUDGMENT

1. None appears for the appellant.

2. When the matter was posted on 23.06.2023, none

appeared for the appellant and process fee has not been

paid to issue notice to the respondent. Hence, the matter

was adjourned to 26.06.2023 on top of the list for orders.

Again on 26.06.2023, when the matter was called out,

none appeared for the appellant. As a last chance, the

matter was adjourned to 04.07.2023. On 04.07.2023

when the matter was called out, none appeared for the

appellant and process fee has not paid. Hence, the matter

was ordered to be listed on 05.07.2023 on top of the list

for orders. Even on 05.07.2023 when the matter was

called out, none appeared for the appellant. As a last

chance, the matter was directed to be listed on

10.07.2023 on top of the list for orders. Again on

10.07.2023, when the matter was called out, none

appears for the appellant and process fee has not been

paid to issue notice to the respondent. Hence, the matter

NC: 2023:KHC:24042 RFA No. 1520 of 2015

was directed to be listed on 12.07.2023 on top of the list

under the caption "for dismissal".

3. 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