Sri V Sathya Kumar vs Sri R Kalyanasundaram
2023 Latest Caselaw 4837 Kant

                                            -1-
                                                   NC: 2023:KHC:25708
                                                        RFA No. 177 of 2015




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF JULY, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                       REGULAR FIRST APPEAL NO. 177 OF 2015 (DEC)
                 BETWEEN:

                 SRI V SATHYA KUMAR
                 S/O LATE VISHWANATH
                 AGED ABOUT 62 YEARS
                 R/O NO.299, 13TH CROSS
                 II STAGE, WEST OF CHORD ROAD
                 MAHALAKSHMIPURAM, BENGALURU-560086.
                                                               ...APPELLANT
                 (BY SMT. H.T.ANNAPURNA., ADVOCATE FOR
                     SRI. S.V. PRAKASH, ADVOCATE)
                 AND:

                 1.    SRI R KALYANASUNDARAM
                       S/O SRI. S. RAMANATHAN
                       AGED ABOUT 41 YEARS
Digitally signed
by               2.    SMT. V. HEMA
DHANALAKSHMI           W/O R. KALYANASUNDARAM
MURTHY                 AGED ABOUT 38 YEARS
Location: High
Court of               BOTH ARE RESIDING AT NO.14
Karnataka
                       JUSTICE SUNDARAM ROAD
                       MYLAPORE, CHENNAI-600004.
                       NOW RESIDING AT:
                       OLD NO.7, NEW NO.13, DOOR NO.2
                       DEEPAM APARTMENTS
                       3RD MAIN ROAD, INDIRANAGAR
                       CHENNAI-600 020.
                                                            ...RESPONDENTS
                 (BY SRI. RAMESH ANANTHAN., ADVOCATE)
                              -2-
                                     NC: 2023:KHC:25708
                                         RFA No. 177 of 2015




     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULE (1) OF CPC, AGAINST THE JUDGMENT AND
DECREE DATED:12.09.2014 PASSED IN OS NO.4159/2008 ON
THE FILE OF THE 24th ADDL. CITY CIVIL AND SESSIONS
JUDGE,   BENGALURU,   DISMISSING    THE   SUIT   FOR
DECLARATION AND INJUNCTION.

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

1. Learned counsel appearing for the appellant submits

that in spite of repeated efforts, he is unable to contact his

client and he has no instructions from his client to

prosecute the appeal.

2. Submission of learned counsel for the appellant is

taken on record.

3. It appears that the appellant is not interested in

prosecuting the appeal. Hence, the appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

HA