Sri R A Anthappa vs Sri Joseph
2023 Latest Caselaw 4332 Kant

                                           -1-
                                                  NC: 2023:KHC:24041
                                                    RFA No. 1141 of 2008




                      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. 1141 OF 2008 (INJ)
                 BETWEEN:

                 SRI R A ANTHAPPA
                 S/O LATE APPAJAPPA
                 AGE 65 YEARS
                 R/O NO.166/3, ANTHAPPA LAYOUT
                 DORESASNIPALYA,BANNERGHATTA ROAD
                 BANGALORE-76
                                                               ...APPELLANT
                 (BY SRI. B V BADRINATH., ADVOCATE[ABSENT] )

                 AND:

                 1.    SRI JOSEPH
                       S/O MALICHINNAPPA
                       AGE:48 YEARS
                       R/O DORESASNIPALYA
Digitally signed
by                     NEAR CHURCH, BEGUR HOBLI
DHANALAKSHMI           BANGALORE SOUTH TALUK
MURTHY                 BANGALORE-76.
Location: High
Court of         2.    SMT.CHINNAMMA
Karnataka              D/O CHINNAPPA
                       AGE 69 YEARS
                       R/O DORESASNIPALYA
                       NEAR CHURCH, BEGUR HOBLI
                       BANGALORE SOUTH TALUK
                       BANGALORE-76.

                 3.    SMT. BALAMMA
                       W/O JOSEPH
                             -2-
                                   NC: 2023:KHC:24041
                                        RFA No. 1141 of 2008




     AGE 65 YEARS

4.   SRI ANTHONY RAJU
     S/O JOSEPH
     AGED 44 YEARS
     R/O NO.27, OIL MILL ROAD
     NARAYANAPPA STREET
     ST.THOMAS TOWN POST
     LINGARAJAPURAM EXTN
     BANGALORE-84.
                                             ...RESPONDENTS
(BY SRI. M VENKATAPPA, ADVOCATE &
SRI. MAINA TAI KHENY., ADVOCATE)


     THIS RFA IS FILED UNDER SECTION 96 OF THE CPC
AGAINST THE JUDGEMENT AND DECREE DATED: 4.7.08
PASSED IDN OS NO.1399/05 ON THE FILE OF THE XXXVIII
ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT
FOR PERMANENT INJUNCTION AND PEACEFUL POSSESSION
AND ENJOYMENT.

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

                       JUDGMENT

1. None appears for the appellant.

2. When the matter was posted on 14.06.2023, none

appeared for the appellant. Hence, as a last chance, the

matter was adjourned by next week. Again on 10.07.2023,

when the matter was called out, none appeared for the

appellant. Hence, the matter was ordered to be listed on

NC: 2023:KHC:24041 RFA No. 1141 of 2008

11.07.2023 on top of the list for orders. Even on

11.07.2023 when the matter was called out, none

appeared for the appellant. Hence the matter 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