K Jayaprakash vs Dr I P Singh
2023 Latest Caselaw 5008 Kant

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                                                      NC: 2023:KHC:26519
                                                        RFA No. 1644 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 28TH DAY OF JULY, 2023

                                             BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1644 OF 2013 (DEC)
                   BETWEEN:

                   1.    K JAYAPRAKASH
                         S/O LATE B. KATAPPA
                         AGED ABOUT 63 YEARS
                         R/A 66-B, VENKATESHWARA COLONY
                         3RD CROSS, NEW THIPPASANDRA
                         BANGALORE-75.

                   2.    S. VENKATESH
                         S/O SRINIVASA REDDY
                         AGED ABOUT 55 YEARS
                         R/A SWAMY VIVEKANANDA ASHRAM
                         HOODY VILLAGE
                         BANGALORE-560048.
                                                               ...APPELLANTS
                   (BY SRI. K JAYAPRAKASH., ADVOCATE)
Digitally signed
by
DHANALAKSHMI       AND:
MURTHY
Location: High     1.    DR I P SINGH
Court of
Karnataka                BY LEGAL REPRESENTATIVES

                   1(a) SMT. REETHAIKA
                        AGED ABOUT 30 YEARS
                        D/O LATE DR. I.P. SINGH.

                   1(b) SMT. SHALINI SINGH
                        AGED ABOUT 26 YEARS
                        D/O DR. I.P. SINGH
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                                     NC: 2023:KHC:26519
                                       RFA No. 1644 of 2013




2.   SMT. NALINI SINGH
     W/O I.P. SINGH
     AGED ABOUT 55 YEARS
     ALL ARE R/A NO.18, HAILEY ROAD
     NEW DELHI-110001.

3.   T. JAYARAM
     S/O DHANAKODI
     R/AT VENKATESHWARA TENT ROAD
     RAMAREDDY LAYOUT
     DEVASANDRA, BANGALORE 560016.

4.   A.M. SATHYANARAYANA
     S/O A. MARIYAPPA
     R/A NO.144, NEHRU NAGAR
     BANGALORE-560020.

5.   A.M. RAMAMURTHY
     S/O A. MARIYAPPA

6.   SMT.A.M SAROJAMMA
     W/O LATE A. MARIYAPPA

     R5 & R6 R/A NO.144
     NEHRU NAGAR
     BANGALORE 560020
                                             ...RESPONDENTS
(BY SRI. UMA SHANKAR M N., ADVOCATE)

        THIS RFA FILED UNDER SECTION 96, R/W, RULE-1 OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED08.08.2013
PASSED IN O.S.8671/2004 ON THE FILE OF XIV-ADDL. CITY
CIVIL    JUDGE,   BENGALURU,    DISMISSING   THE   SUIT   FOR
DECLARATION, POSSESSION AND MESNE PROFITS.

        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                       NC: 2023:KHC:26519
                                          RFA No. 1644 of 2013




                          JUDGMENT

This court by order dated 8.1.2019 had permitted the

learned counsel for the appellants to retire from the case

on the ground that the appellants have back the entire file

from the counsel and directed the office to show the name

of the appellants in the cause list.

So far, the appellants have not engaged the services

of any other counsel. Even on earlier occasions i.e.,

8.3.2019, 26.08.2022 and 4.7.2023, there was no

representation on behalf of the appellants.

Even today when the matter was called out, none

appeared for the appellants. It appears that the appellants

are not interested in prosecuting the case. Hence, the

appeal is dismissed for non-prosecution.

Sd/-

JUDGE

DM