Sri Madappa Gopal vs Smt Anitha Srinivas
2023 Latest Caselaw 4882 Kant

                                                  -1-
                                                         NC: 2023:KHC:26013
                                                            RFA No. 554 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 26TH DAY OF JULY, 2023

                                                BEFORE
                        THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                          REGULAR FIRST APPEAL NO. 554 OF 2018 (INJ)
                   BETWEEN:

                   1.    Sri. Madappa Gopal
                         S/o Late Madappa
                         Aged about 58 years

                   2.    Smt. Manjula Rangamallaiah
                         C/o Sri. Madappa Gopal
                         Aged about 56 years

                         Both are residing at
                         No.309, 15th Cross
                         Behind Food World,
                         Sadashivanagar,
                         Bangalore-560080.
                                                                    ...Appellants
Digitally signed
by                 (By Sri. Vijayakumar Y.H. and
BHARATHIDEVI
K KORLAHALLI       Sri. S.K.Srinivasan, Advocates)
Location: High
Court of
Karnataka
                   AND:

                   Smt. Anitha Srinivas
                   W/o Srinivas
                   Aged about 52 years,
                   Residing at No.76, 9th Main,
                   7th Cross,
                   Saraswathipuram,
                   Mysore-570009.
                                                                   ...Respondent
                                -2-
                                       NC: 2023:KHC:26013
                                           RFA No. 554 of 2018




      This Regular First Appeal is filed under Section 96 of Civil
Procedure Code, praying to call for the records in
O.S.No.484/2010 on the file of XXIX Additional City Civil and
Sessions Judge, CCH-30, Bangalore City and to allow this
appeal by dismissing the suit of the plaintiff in
O.S.No.484/2010 on the file of XXIX Additional City Civil and
Sessions Judge, CCH-30, Bangalore city by setting aside the
judgment and decree passed in the above matter on
14.12.2017 and for costs of the appeal.

      This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:

                            ORDER

None appear in the matter either physically or

through Video Conference.

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

the present appeal is of the year 2018, in which the office

objections appears to have not been complied till January

2023. As such, to just comply the office objections, it

appears that the appellants have taken nearly five years

time. Thereafter, the matter came to be admitted on

13.02.2023. However, till date, the appellants have not

taken steps to issue notice to the respondent.

NC: 2023:KHC:26013 RFA No. 554 of 2018

In the above background, when the appellants are

not evincing any interest to prosecute the matter and not

even taken the steps and further the learned counsel for

the appellants has not even appeared in this matter either

physically or through Video Conference, an inference can

be drawn that the appellants are not interested in

prosecuting the matter and to take steps.

Hence, the Appeal stands dismissed for

non-prosecution, as well for not taking the steps.

Sd/-

JUDGE

bk/