Sri S Venugopal vs Smt Shakunthala
2023 Latest Caselaw 2876 Kant

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                                                     NC: 2023:KHC:19008
                                                       RFA No. 2030 of 2012




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 5TH DAY OF JUNE, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                  REGULAR FIRST APPEAL NO. 2030 OF 2012 (PAR/INJ)


                 BETWEEN:

                 SRI S VENUGOPAL
                 S/O LATE SUBRAMANI
                 AGED ABOUT 54 YEARS
                 R/O NO.534, 4TH BLOCK
                 43RD CROSS, RAJAJINAGAR
                 BANGALORE-11.
                                                               ...APPELLANT


                 (BY SRI.S.VENUGOPAL., ADVOCATE[ABSENT])

                 AND:

                 1.    SMT SHAKUNTHALA
Digitally signed       W/O KASHI
by                     AGED ABOUT 71 YEARS
DHANALAKSHMI
MURTHY
Location: High   2.    SMT. B.N. GEETHA
Court of               W/O MURTHY
Karnataka              AGED ABOUT 52 YEARS
                       R1 AND R2 AE R/AT 4TH BLOCK
                       RAJAJINAGAR, BANGALORE-11.

                 3.    SRI. S. MANI
                       S/O LATE SUBRAMANI
                       AGED ABOUT 44 YEARS
                       R/O NO.534, 4TH BLOCK
                       43RD CROSS, RAJAJINAGAR
                       BANGALORE-11.
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                                   NC: 2023:KHC:19008
                                      RFA No. 2030 of 2012




4.   THE COMMISSIONER
     KARNATAKA HOUSING BOARD
     3RD & 4TH FLOOR
     CAUVERY BHAVAN
     K.G. ROAD,BANGALORE-09.
                                            ...RESPONDENTS


(BY SRI. P N HEGDE, ADVOCATE FOR R1 & R2:
APPEAL AGAINST R3 IS DISMISSED
VIDE ORDER DATED: 05.07.2022:
SRI. H.M. NIRANJAN, ADVOCATE FOR PROPOSED
IMPLEADING R4)


     THIS RFA IS FILED UNDER ORDER XLI RULE-1, R/W,
SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED30.08.2012 PASSED IN O.S.2277/2008 ON THE FILE OF
THE V-ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING
THE SUIT FOR PERMANENT INJUNCTION.

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

                        JUDGMENT

This court by order dated 3.1.2023 had permitted the

learned counsel for the appellant to retire from the case

and directed the office to show the name of the appellant

in the cause list.

Today, when the matter was called out, none

appeared for the appellant. It appears that the appellant is

NC: 2023:KHC:19008 RFA No. 2030 of 2012

not interested in prosecuting the case. Hence, the appeal

is dismissed for non-prosecution.

Sd/-

JUDGE

DM