Sri K A Satish Kumar vs Smt Rohini Mahaswamy
2023 Latest Caselaw 4741 Kant

                                               -1-
                                                      NC: 2023:KHC:25389
                                                          RFA No. 574 of 2008




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 21ST DAY OF JULY, 2023

                                            BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                          REGULAR FIRST APPEAL NO. 574 OF 2008 (INJ)
                   BETWEEN:

                   SRI K A SATISH KUMAR
                   S/O LATE A S KRISHNA SETTY
                   AGED ABOUT 65 YEARS
                   R/AT NO 63/1, KANAKAPURA ROAD
                   FACING GOVINDAPPA ROAD
                   BASAVANAGUDI, BANGALORE-04.
                                                                   ...APPELLANT
                   (BY SRI. RAJAGOPALA NAIDU., ADVOCATE FOR
                   SRI. SURESH, ADVOCATE [ABSENT])
                   AND:

                   SMT ROHINI MAHASWAMY
                   SINCE DECEASED BY HER LR
                   SRI M R MAHASWAMY(HUSBAND)
                   FATHERS NAME NOT KNOWN
Digitally signed   TO THE APPELLANT MAJOR
by                 R/AT DOOR NO 63/2
DHANALAKSHMI       KANAKAPURA ROAD
MURTHY             BASAVANAGUDI, BANGALORE-04.
Location: High                                                   ...RESPONDENT
Court of
Karnataka          (BY SRI. VINAYAKUMAR G S., ADVOCATE)

                        THIS RFA IS FILED UNDER SECTION 96(1) OF THE CPC, 1908
                   AGAINST THE JUDGEMENT AND DECREE DATED:5.12.07 PASSED ON
                   OS NO. 6663/93 ON THE FILE OF THE VII. ADDL. CITYC CIVIL
                   JUDGE, BANGALORE (CCH.NO.19), DISMISSING THE SUIT FOR
                   MANDATORY INJUNCTION AND PERMANENT INJUNCTION.

                        THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                              -2-
                                     NC: 2023:KHC:25389
                                        RFA No. 574 of 2008




                        JUDGMENT

On 30.5.2023, when the matter was called out, none

appeared for the appellant and learned counsel for

respondent was present. On 17.7.2023, when the matter

was called out, none appeared for the appellant and hence

the matter for ordered to be listed on 20.7.2023. Even on

20.7.2023, none appeared for the appellant and learned

counsel for respondent was present and hence the matter

was ordered to be listed on 21.7.2023 on top of the list

under the caption 'for dismissal'.

Even today when the matter was called out, none

appeared for the appellant. It appears that the appellant is

not interested in prosecuting the case. Hence, the appeal

is dismissed for non-prosecution.

In view of dismissal of appeal, pending applications,

if any, do not survive for consideration and accordingly,

they are dismissed.

Sd/-

JUDGE

DM