Smt Priyalatha vs Smt G Gowthami Bai
2023 Latest Caselaw 4786 Kant

                                            -1-
                                                    NC: 2023:KHC:25569
                                                      RFA No. 1217 of 2008




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 24TH DAY OF JULY, 2023

                                         BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                       REGULAR FIRST APPEAL NO. 1217 OF 2008 (DEC)


                 BETWEEN:

                 SMT PRIYALATHA
                 W/O SRI .M. SELVAMUTHU
                 AGED ABOUT 47 YEARS
                 R/AT NO.14, KHATA NO.778
                 9TH CROSS, 2ND MAIN
                 BANGALORE 10.
                                                              ...APPELLANT
                 (BY SRI.B.S. SRIDHAR., ADVOCATE AND
                 SRI. S.CHANDRASHEKAR, ADVOCATE [ABSENT])


                 AND:

                 1.    SMT G GOWTHAMI BAI
Digitally signed       D/O SRI.GOVINDASWAMY
by                     MAJOR, R/AT NO.46, I FLOOR
DHANALAKSHMI           I MAIN,MUNIVEKATAPPA GARDEN
MURTHY
                       ULSOOR, BANGALORE-560 008.
Location: High
Court of
Karnataka        2.    THE COMMISSIONER
                       CITY MUNICIPAL CORPORATION
                       MAHADEVAPURA, HOODY
                       BANGALORE-560048.
                                                           ...RESPONDENTS
                 (BY SMT. L MANJULA.,ADVOCATE AND
                 SRI.N.KIRAN, ADVOCATE FOR R1:
                 NOTICE TO R2 IS SERVED AND UNREPRESENTED)
                               -2-
                                       NC: 2023:KHC:25569
                                         RFA No. 1217 of 2008




        THIS RFA FILED UNDER SECTION 96 READ WITH ORDER

XLI R 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED

17.7.2008 PASSED IN OS.NO. 753/2003 ON THE FILE OF THE

XXXIX ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE

CITY,     DISMISSING    THE     SUIT     FOR   DECLARATION,

CONSEQUENTIAL RELIEF OF MANDATORY INJUNCTION AND

FOR PERPETUAL INJUNCTIONL.


        THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

On 15.6.2023, when the matter was called out, none

appeared for the appellant and hence, the matter was

ordered to be listed next week. On 19.7.2023, none

appeared for the appellant and hence the matter was

ordered to be listed on 20.7.2023 on top of the list for

'orders'. Even On 20.7.2023, when the matter was called

out twice both in the morning and afternoon session, none

appeared for the appellant and hence the matter was

ordered to be listed on 24.07.2023 at the top of the list

under the caption 'for dismissal'.

NC: 2023:KHC:25569 RFA No. 1217 of 2008

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.

Sd/-

JUDGE

DM