Sri Bhaskar Salian vs Smt Suhasini
2023 Latest Caselaw 4349 Kant

                                            -1-
                                                  NC: 2023:KHC:24100
                                                    MFA No. 6735 of 2016




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 12TH DAY OF JULY, 2023

                                        BEFORE

                       THE HON'BLE MR JUSTICE H.P.SANDESH

                MISCELLANEOUS FIRST APPEAL NO. 6735 OF 2016 (CPC)


                BETWEEN:

                1.   SRI BHASKAR SALIAN
                     AGED ABOUT 58 YEARS,
                     S/O LATE SRI DAMODAR,
                     R/AT KALLAPU, BELLAYURU VILLAGE,
                     MANGALORE TALUK,
                     D.K.DISTRICT-574146

                2.   SRI SRIDHAR SHETTIGAR
                     HALEYANGADY,
                     AGED ABOUT 49 YEARS,
                     S/O LATE THUNGA SHETTIGAR,
                     R/AT KALLAPU, BELLAYURU VILLAGE,
                     MANGALORE TALUK,
Digitally            D.K.DISTRICT-574146
signed by R
DEEPA
                3.   SRI RAJANEESH B SHETTIGAR
Location:
High Court of        AGED ABOUT 36 YEARS,
Karnataka            S/O SRI PITAMBAR SHETTIGAR,
                     R/AT K.B.HOUSE, HALEYANGADY,
                     MANGALORE TALUK,
                     D.K.DISTRICT-574146
                                                           ...APPELLANTS
                [BY MRS. VEENA T.N., ADVOCATE (ABSENT)]

                AND:

                1.   SMT SUHASINI
                     AGED ABOUT 47 YEARS,
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                                  NC: 2023:KHC:24100
                                    MFA No. 6735 of 2016




2.   SRI RAGHUNATH SHETTY
     AGED ABOUT 40 YEARS,

3.   SMT SHAKILA SHETTY
     AGED ABOUT 36 YEARS,

     ALL ARE CHILDREN OF SRI. VITTAL SHETTY,
     ALL ARE R/AT BHATRA BETTU HOUSE,
     KARNAD VILLAGE, MULKY,
     MANGALORE TALUK, D.K.DISTRICT-574154
                                          ...RESPONDENTS

(BY SRI. ABHISHEK MARLA M.J., ADVOCATE)

     THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED 22.04.2016 PASSED ON IA NO.2
IN O.S.NO.232/15 ON THE FILE OF THE ITINERATE SENIOR
CIVIL JUDGE, MOODBIDRE, DISMISSING IA NO.2 FILED
U/O.39 RULE 1&2 OF CPC.

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


                       JUDGMENT

Learned counsel for the appellants is absent and on

the earlier occasion, Mis. Veena, learned counsel sought

time to file vakalath and also memo for withdrawal of the

appeal on the ground that the appeal has become

infructuous.

2. Today also no representation on behalf of the

appellants and she has neither filed vakalath nor any

NC: 2023:KHC:24100 MFA No. 6735 of 2016

memo. Since the appeal is of the year 2016, she has made

submission that appeal has become infructuous in the

previous date. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

SSB