M Thanga Kumar vs V Prabhu Kumar
2023 Latest Caselaw 3106 Kant

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                                                   NC: 2023:KHC:19737
                                                       RFA No. 678 of 2008




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 9TH DAY OF JUNE, 2023

                                        BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                     REGULAR FIRST APPEAL NO. 678 OF 2008 (INJ)
                BETWEEN:

                M THANGA KUMAR
                AGED ABOUT 47 YEARS
                S/O SRI P M MANICKYAM
                R/AT NO 9 CROSS, NEHRU STREET
                GURUMURTHY REDDY LAYOUT
                A NARAYANAPURA
                DOORAVANI NAGAR POST
                BANGALORE-560016.
                                                              ...APPELLANT
                (BY SRI. C PATTABI RAMAN., ADVOCATE)

                AND:

                 V PRABHU KUMAR
                 AGED ABOUT 37 YEARS
Digitally signed S/O SRI P VILVAM
by               AGED ABOUT 34 YEARS
DHANALAKSHMI
MURTHY           R/AT NO 7, SETTYAPPA LANE
                 A NARAYANAPURA
Location: High
Court of         DOORAVANI NAGAR POST
Karnataka        BANGALORE-560016.
                                                            ...RESPONDENT
                (BY SRI. C G GOPALA SWAMY., ADVOCATE)

                     THIS RFA IS FILED UNDER SECTION 96 R/W O XLI R 1
                OF CPC AGAINST THE JUDGMENT AND DECREE DT.10.1.2007
                PASSED IN O.S.NO.4004/2005 ON THE FILE OF THE XXV ADDL.
                CITY CIVIL AND SESS. JUDGE, BANGALORE, (CCH-23), PARTLY
                DECREEING THE SUIT FOR MANDATORY INJUNCTION AND
                POSSESSION.
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                                   NC: 2023:KHC:19737
                                       RFA No. 678 of 2008




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

On 8.6.2023, when the matter was called out, none

appeared for the appellant both in morning and afternoon

session and learned counsel for the respondent was

present. Hence, the matter was ordered to be listed on

9.6.2023 at the top of the list under the caption 'for

dismissal'.

Even today when the matter was called out, none

appeared for the appellant. The learned counsel for the

respondent is present. It appears that the appellant is not

interested in prosecuting the case. Hence, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

DM