Sri Ramlal vs Sri K Lakshmana Reddy
2023 Latest Caselaw 4551 Kant

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                                                      NC: 2023:KHC:24715
                                                        RFA No. 1502 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 17TH DAY OF JULY, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                           REGULAR FIRST APPEAL NO. 1502 OF 2016
                   BETWEEN:

                   SRI RAMLAL
                   S/O SRI DHANARAM
                   AGED ABOUT 57 YEARS
                   R/AT 227, 1ST PHASE
                   MANJUNATHANAGAR
                   WEST OF CHORD ROAD
                   BENGALURU - 560 010.
                                                                 ...APPELLANT
                   (BY SRI. H J SANGHVI.,ADVOCATE &
                   SRI., MANISH H SANGHVI, ADVOCATE [ABSENT])
                   AND:

                   1.    SRI K LAKSHMANA REDDY
                         S/O LATE KANDAPPA REDDY
Digitally signed         MAJOR
by
DHANALAKSHMI             R/AT 700, DR M C MODI HOSPITAL ROAD
MURTHY                   II STAGE, WEST OF CHORD ROAD
Location: High           BENGALURU - 560 086.
Court of
Karnataka          2.    SRI VISHNULAL
                         S/O RAMALAL
                         MAJOR
                         R/AT 227, 40 FEET ROAD
                         1ST PHASE, MANJUNATHANAGAR
                         WEST OF CHORD ROAD
                         BENGALURU - 560 010.
                                                               ...RESPONDENTS
                   (NOTICE TO R2 US SERVED BUT UNREPRESENTED)
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                                     NC: 2023:KHC:24715
                                         RFA No. 1502 of 2016




     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 15.04.2013
PASSED IN OS. NO. 3777/2008 ON THE FILE OF THE XIV
ADDL. CITY CIVIL JUDGE AT BANGALORE (CCH-28) PARTLY
DECREEING THE SUIT FOR EJECTMENT AND VACANT
POSSESSION.

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

1. None appears for the appellant.

2. This Court by order dated 12.04.2018 has issued

emergent notice to the respondents. But the learned

counsel for the appellant has not paid process fee to issue

notice to the respondents. Even when the matter is posted

on 04.12.2019, none appears for the appellant. Again on

13.07.2023, none appeared for the appellant. Hence, the

matter was ordered to be listed on 14.07.2023 on top of

the list for 'orders'. Even when the matter was posted on

14.07.2023, none appears for the appellant. Hence, the

matter was directed to be posted on 17.07.2023 on top of

the list under the caption 'for dismissal'.

NC: 2023:KHC:24715 RFA No. 1502 of 2016

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