Smt Shalini vs Sri B Thammaiah
2023 Latest Caselaw 3208 Kant

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                                                    NC: 2023:KHC:20189
                                                       RFA No. 804 of 2008




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 13TH DAY OF JUNE, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                       REGULAR FIRST APPEAL NO. 804 OF 2008 (RES)


                 BETWEEN:

                 SMT SHALINI
                 W/O B.SRINIVAS NAIK
                 AGE MAJOR
                 R/O NO.423/70,6TH BLOCK
                 RAJAJINAGAR,BANGALORE-560010.
                                                              ...APPELLANT
                 (BY SRI. ASHOK S MENASINAKAI.,ADVOCATE)

                 AND:

                 1.    SRI B THAMMAIAH
                       S/O BYRAPPA
                       AGE MAJOR
                       R/O 341, PANTHARAPALYA
Digitally signed       MYSORE ROAD
by
DHANALAKSHMI           BANGALORE560039.
MURTHY
Location: High   2.    SHRI B NIJALINGAPPA
Court of               AGE MAJOR
Karnataka
                       R/O 341 PANTHARAPALYA
                       MYSORE ROAD
                       BANGALORE-560039.
                       DELETED AS PER COURT ORDER
                       DATED: 11.09.2009.

                 3.    SRI KEMPANNA
                       S/O B.THAMMAIAH
                       AGE MAJOR
                       R/O NO.341,PANTHARAPALYA.
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                                      NC: 2023:KHC:20189
                                          RFA No. 804 of 2008




    MYSORE ROAD
    BANGALORE-560039.

                                              ...RESPONDENTS

(BY SRI. P V CHANDRASHEKAR .,ADVOCATE FOR R1 & R3:
R2 IS DELETED )
       THIS RFA IS FILED UNDER SECTION 96            OF CPC
AGAINST THE JUDGEMENT AND DECREE DATED: 05.09.2006
PASSED ON IA.NO.11 IN OS.NO.485/1999 ON THE FILE OF THE
XII ADDL.CITY CIVIL JUDGE, CCH-27, BANGALORE CITY,
DISMISSING THE APPLICATION FILED U/O 7 RULE 11(A) OF
CPC.

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

                         JUDGMENT

On 9.6.2023, when the matter was called out, none

appeared for the appellant. Hence, as a last chance, the

matter was ordered to be listed on 12.6.2023. Even on

12.6.2023, none appeared for the appellant and hence the

matter was ordered to be listed on 13.6.2023 on top of the

list under the caption 'for dismissal'.

Even today when the matter was called out, none

appeared for the appellant. It appears that the appellant is

NC: 2023:KHC:20189 RFA No. 804 of 2008

not interested in prosecuting the case. Hence, the appeal

is dismissed for non-prosecution.

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

any, do not survive for consideration and are accordingly

dismissed.

Sd/-

JUDGE

DM