Sri. B. Srirama Reddy vs Smt. T. Chittamma
2023 Latest Caselaw 2838 Kant

                                              -1-
                                                       RFA No. 865 of 2015




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 2ND DAY OF JUNE, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                          REGULAR FIRST APPEAL NO. 865 OF 2015 (SP)
                   BETWEEN:

                   SRI. B. SRIRAMA REDDY
                   S/O BYRAPPA
                   AGED ABOUT 50 YEARS
                   FORMERLY RESIDING AT NO.12
                   V P KHATAHA NO.10/12
                   KATRIGUPPE VILLAGE
                   UTTARAHALLI HOBLI
                   BANGALORE SOUTH TLAUK
                   PRESENTLY R/AT NO.103
                   3RD C MAIN ROAD
                   20TH CORSS, 6TH BLOCK
                   JAYANAGAR, BANGALORE-560011.
                                                              ...APPELLANT
                   (BY SRI. C.V. RAJASHEKAHAR.,ADVOCATE [ABSENT])

Digitally signed   AND:
by
DHANALAKSHMI
MURTHY             1.    SMT. T. CHITTAMMA
Location: High           W/O T CHINNAPPA NAIDU
Court of
Karnataka                AGED BOUT 49 YERS
                         RESIDING AT NO.96
                         II AMIN, I CROSS
                         KEMPEGOWDA LAYOUT
                         BANASHANKARI III STAGE
                         KATTARIGUPPE
                         BANGALORE-560 085.

                   2.    SRI S R PRAKASH
                         S/O SRI S RADHAKRISHNAIAH
                         AGED ABOUT 53 YEARS
                              -2-
                                        RFA No. 865 of 2015




      R/O NO.51, V MAIN ROAD,.
      II CROSS, SRINIVASANAGAR
      BANGALORE-560 050.
                                             ...RESPONDENTS
(BY SRI.ASHOK PATIL., ADVOCATE FOR R2:
APPEAL IS DISMISSED AGAINST R1 V/O DATED:27.07.2022)


     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2015
PASSED IN OS NO.2191/2001 ON THE FILE OF THE XI ADDL.
CITY CIVIL JUDGE,BENGALURU, DECREED THE SUIT FOR
SPECIFIC PERFORMANCE OF CONTRACT.

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

When the matter was posted on 22.05.2023, none

appeared for the appellant and hence, as a last chance,

the matter was adjourned to 29.05.2023.

Even when the matter was posted on 29.05.2023,

none appeared for the appellant and hence the matter was

ordered to be listed on 02.06.2023 on the top of the list

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,

RFA No. 865 of 2015

I.A.No.1/2022 filed for recalling order dated 02.03.2020 is

rejected.

Consequently, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

HA