Mrs Jayashree Muralidhar vs Mrs Prescilla
2023 Latest Caselaw 3215 Kant

                                                   -1-
                                                            NC: 2023:KHC:20191
                                                              RFA No. 1537 of 2007




                           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. 1537 OF 2007 (DEC)
                      BETWEEN:

                      1.    MRS JAYASHREE MURALIDHAR
                            W/O MURALIDHAR
                            AGED ABOUT 44 YEARS.

                      2.    MURALIDHAR
                            AGED ABOUT 48 YEARS
                            BOTH ARE R/AT NO.43
                            2ND CROSS ROAD P AND T COLONY
                            NEAR WATER SUPPLY, R.T.NAGAR
                            BANGALORE-560032.
                                                                      ...APPELLANTS
                      (BY SRI. MOHAN KUMAR K V., ADVOCATE [ABSENT])

                      AND:

Digitally signed by   MRS PRESCILLA
DHANALAKSHMI          MAREELLINE RODRIGNES
MURTHY                AGED ABOUT 55 YEARS
Location: High        R/AT NO.6/1, 3RD CROSS
Court of
Karnataka             ANNAYAPPA BLOCK
                      BENSON TOWN, BANGALORE 46.
                                                                      ...RESPONDENT
                      (BY SRI. Y V PRAKASH, ADVOCATE FOR
                      SRI. YK.K.NARAYANA SHARAMA, ADVOCATE)
                           THIS RFA IS FILED UNDER SECTION.96 OF CPC AGAINST THE
                      JUDGMENT     AND    DECREE   DATED:7.4.2007    PASSED   IN
                      O.S.NO.10688/98 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL
                      JUDGE, MAYOHALL UNIT, BANGALORE, DECREEING THE SUIT FOR
                      DECLARATION.

                           THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
                      THE COURT DELIVERED THE FOLLOWING:
                               -2-
                                     NC: 2023:KHC:20191
                                         RFA No. 1537 of 2007




                         JUDGMENT

On 16.3.2023, when the matter was called out, none

appeared for the appellants and hence the matter was

adjourned next week. On 9.6.2023, when the matter was

called out, none appeared for the appellants and hence,

the matter was ordered to be listed on 12.6.2023. Even on

12.6.2023, none appeared for the appellants 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 appellants. It appears that the appellants

are 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