C B Diwakar vs D R Nagabhusan
2023 Latest Caselaw 2976 Kant

                                             -1-
                                                    NC: 2023:KHC:19284
                                                         RFA No. 637 of 2008




                      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. 637 OF 2008 (SP)
                 BETWEEN:

                 C B DIWAKAR
                 S/O LATE C.K. BHANUMURTHY
                 AGED ABOUT 82 YEARS
                 R/AT NO.86/21
                 MOUNT JOY EXTENSION
                 HANUMANTHANAGAR
                 BANGALORE 560 019
                                                                ...APPELLANT
                 (BY SRI.K. SURYANARAYANA RAO., ADVOCATE AND
                 SRI. CHANDAN S RAO, ADVOCATE)
                 AND:

                 1.    D R NAGABHUSAN
                       S/O LATE D.M.RAMA CHANDRA RAO
Digitally signed       AGED ABOUT 55 YEARS
by                     NO.112, I 'C'CROSS,III PHASE
DHANALAKSHMI           V BLOCK,.BANASHANKARI III STAGE
MURTHY
                       BANGALORE 85.
Location: High
Court of
Karnataka        2.    T N DIWAKAR
                       S/O LATE NARAYANA RAO
                       AGED ABOUT 64 YEAR
                       R/AT NO.34, 2ND MAIN ROAD
                       NEAR KABBER ASHRAM
                       MATADAHALLI, BANGALORE 32.
                                                             ...RESPONDENTS
                 (BY SRI. SHIVARUDRAPPA SHETKAR., ADVOCATE FOR R1:
                 SRI. H.S. SOMNATH, ADVOCATE FOR C/R2)
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                                    NC: 2023:KHC:19284
                                        RFA No. 637 of 2008




     THIS RFA IS FILED UNDER SECTION 96 OF THE CPC 1908
AGAINST THE JUDGEMENT AND DECREE DATED: 4.3.08
PASSED IN OS NO. 5042/01 ON THE FILE OF THE XXV ADDL.
CITY CIVIL JUDGE, BANGALORE, (CCH.NO.23), DISMISSING
THE SUIT FOR MANDATORY INJUNCTION AND DELIVERY OF
POSSESSION.

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

The learned counsel for the appellant has filed a

memo dated 7.6.2023 stating that the sole appellant died

on 29.11.2015 and his legal representatives are not

interested in prosecuting the appeal and hence the appeal

may be dismissed as abated.

The memo is placed on record.

Accordingly, the appeal is dismissed as abated.

Sd/-

JUDGE

DM