Smt Nagamma vs Sri Venkataramaiah
2023 Latest Caselaw 2974 Kant

                                              -1-
                                                     NC: 2023:KHC:19283
                                                         RFA No. 571 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 7TH DAY OF JUNE, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        REGULAR FIRST APPEAL NO. 571 OF 2014 (DEC/INJ)


                   BETWEEN:

                   1.    SMT NAGAMMA
                         W/O LATE B.C.NARASIMHAIAH
                         AGED ABOUT 62 YEARS.

                   2.    SRI B N CHENNAKESHAVA
                         S/O LATE B.C.NARASIMHAIAH
                         AGED ABOUT 36 YEARS.

                   3.    SRI B N SHANTHANNA
                         S/O LATE B.C.NARASIMHAIAH
                         AGED ABOUT 30 YEARS
                         ALL ARE R/A NO.35, 17TH CROSS
                         14TH MAIN ROAD, MALLESWARAM
                         BANGALORE-560055.
Digitally signed                                               ...APPELLANTS
by
DHANALAKSHMI
MURTHY
                   (APPELLANTS No. 1,2 & 3 ARE ABSENT)
Location: High
Court of           AND:
Karnataka

                   1.    SRI VENKATARAMAIAH
                         S/O LATE VENKATAPPA
                         AGED ABOUT 66 YEARS
                         R/O CHOWDESHWARI NAGAR
                         LAGGERE VILLAGE
                         YESHWANTHAPURA HOBLI
                         BANGALORE NORTH TALUK.
                                 -2-
                                      NC: 2023:KHC:19283
                                         RFA No. 571 of 2014




2.   GANGADHAR
     AGED 65 YEARS
     S/O RANGAPPA
     R/O NO.104, 8TH CROSS
     CUBBON PET, BANGALORE-560002.
                                             ...RESPONDENTS
(NOTICE TO R1 & ARE H/S V/O DATED: 20.03.2020)



      THIS RFA IS FILED UNDER SECTION 96, R/W O.41, R-1,
OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
18.7.2013 PASSED IN O.S.4669/2010 ON THE FILE OF THE V-
ADDL.   CITY   CIVIL   &    SESSIONS   JUDGE,   BANGALORE,
DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION.

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


                           JUDGMENT

This court by order dated 30.5.2023 had permitted

the learned counsel for the appellants to retire from the

case and directed the office to show the name of the

appellants in the cause list.

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.

NC: 2023:KHC:19283 RFA No. 571 of 2014

In view of dismissal of appeal, all pending I.As, if

any, do not survive for consideration and are accordingly

dismissed.

Sd/-

JUDGE

DM