Sri P Thimmaiah vs Sri Deep Chand
2023 Latest Caselaw 3214 Kant

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                                                      NC: 2023:KHC:20249
                                                         RFA No. 549 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. 549 OF 2008 (DEC)
                   BETWEEN:

                   1.    SRI P THIMMAIAH
                         S/O. SRI P VENKATANARAYANA SETTY
                         AGED ABOUT 60 YEARS.

                   2.    SMT P T SHANTHAKUMARI
                         W/O. P THIMMAIAH
                         AGED ABOUT 58 YEARS
                         BOTH ARE R/AT NO. 3 & 4
                         AT BURUGAL MUTT SOUTH CROSS ROAD
                         ASHWATHA KATTE ROAD, VISVESHWARAPURAM
                         BANGALORE - 04.
                                                            ...APPELLANTS
                   (BY SRI. M NARAYANA REDDY., ADVOCATE)

                   AND:
Digitally signed
by
DHANALAKSHMI       SRI DEEP CHAND
MURTHY             S/O. NOTH KNOEN
Location: High     AGED ABOUT 44 YEARS
Court of           VIJAYADEEP AGENCIES
Karnataka
                   NO.7, A.M. ROAD, J.C. ROAD CROSS
                   BANGALORE -02
                                                              ...RESPONDENT
                   (NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED)
                        THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
                   THE JUDGMENT AND DECREE DATED:29.9.2007 PASSED IN
                   O.S.NO.5907/2005 ON THE FILE OF THE I ADDL. CITY CIVIL
                   AND SESS. JUDGE, BANGALORE (CCH-2), DISMISSING THE
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                                   NC: 2023:KHC:20249
                                        RFA No. 549 of 2008




SUIT FOR DECLARATION AND PERMANENT INJUNCTION. AND
MANDATORY INJUNCTION.

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

Learned counsel Sri M. Narayana Reddy, appearing

for the appellants submits that the appellants have taken

back the entire file to engage some other counsel, but he

has not engaged any other counsel and not instructed me

to continue in this case. Inspite of his best efforts, he is

unable to get any instructions from his client to prosecute

the appeal.

Submission of learned counsel Sri M. Narayana

Reddy appearing for the appellant is taken on record.

It appears that the appellants are not interested in

prosecuting the appeal. Hence, the appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

HA