S Balakrishnan vs B Vijayalakshmi
2023 Latest Caselaw 4738 Kant

                                              -1-
                                                    NC: 2023:KHC:25451
                                                       RFA No. 384 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 21ST DAY OF JULY, 2023
                                              BEFORE
                        THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                        REGULAR FIRST APPEAL NO. 384 OF 2018 (PAR/INJ)
                   BETWEEN:
                   1. S BALAKRISHNAN
                      S/O LATE SUBRAMANYA MUDALIAR
                      AGED ABOUT 65 YEARS

                   2.   SMT GEETHA LAKSHMI
                        W/O SHEKAR
                        AGED ABOUT 43 YEARS

                   3.   R MAHESHKUMAR
                        S/O RAJASHEKAR
                        AGED ABOUT 25 YEARS

                        ALL ARE RESIDING AT NO 3,
                        2ND CROSS, 4TH MAIN,
                        SAMPANGIRAMANAGAR
Digitally signed
by VEENA                BANGALORE - 560027
KUMARI B
Location: High
                                                                 ...APPELLANTS
Court of
Karnataka          (BY SRI. RAVI KUMAR K M., AND SRI. C. MALLIKARJUNAIAH,
                   ADVOCATES)

                   AND:
                   1. B VIJAYALAKSHMI
                      D/O BALAKRISHNA
                      W/O K AYYASWAMY
                      AGED ABOUT 41 YEARS
                      RESIDING AT NO 3,
                      2ND FLOOR, 2ND CROSS,
                            -2-
                                  NC: 2023:KHC:25451
                                     RFA No. 384 of 2018




     4TH MAIN,
     SAMAPANGIRAMANAGAR
     BANGALORE - 560027

2.   SMT SHANTHI. B
     D/O BALAKRISHNA
     W/O JOY V G
     AGED ABOUT 38 YEARS
     NO 33, 3RD CROSS,
     6TH MAIN, B PILLAREDDY LAYOUT
     BANGALORE - 560043

3.   NATARAJAN
     S/O LATE SUBRAMNAYA MUDALIAR
     AGED ABOUT 63 YEARS

4.   SRI RAVICHANDRAN
     S/O BALACHANDRAN
     AGED ABOUT 46 YEARS

     RESPONDENTS NO.3 AND 4 ARE
     RESIDING AT NO 3,
     2ND CROSS, 4TH MAIN,
     SAMPANGIRAMANAGAR
     BANGALORE - 560027
                                             ...RESPONDENTS
     THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41
RULE 1 READ WITH SEC.96 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 20.11.2017 PASSED IN OS.NO.4937/2011 ON THE
FILE OF THE XVII ADDL.CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND
PERMANENT INJUNCTION.


     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:
                                   -3-
                                           NC: 2023:KHC:25451
                                                 RFA No. 384 of 2018




                              ORDER

None appear either physically or through video

conference.

2. A perusal of the order sheet would go to show that

even though the matter was admitted on 18.03.2021 the

appellants having sufficient time to pay the process, till today,

the appellants have not paid the process and not even

appeared either physically or through video conference. Not

even shown any reason for nonappearance.

3. This would clearly go to show that appellants are

not interested in prosecuting the matter, as well in taking the

steps. Hence, the appeal stands dismissed for non-

prosecution as well for not taking steps.

Sd/-

JUDGE