Sri Shashi Kumar vs Smt. Munniamma
2023 Latest Caselaw 3344 Kant

                                           -1-
                                                 NC: 2023:KHC:20563
                                                   RFA No. 1017 of 2012




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 15TH DAY OF JUNE, 2023

                                      BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 1017 OF 2012 (PAR)
              BETWEEN:

              1.    SRI SHASHI KUMAR
                    S/O LATE DHANPAL
                    AGED ABOUT 31 YEARS.

              2.    SMT GOWRI
                    W/O LATE DHANPAL
                    AGED ABOUT 68 YEARS.

              3.    SMT KAMALA
                    D/O LATE DHANPAL
                    AGED ABOUT 43 YEARS

              4.    SMT LAKSHMI
                    D/O LATE DHANPAL
                    AGED ABOUT 36 YEARS
Digitally signed
by
DHANALAKSHMI 5.     SMT PONMANI
MURTHY              D/O LATE DHANPAL
Location: High      AGED ABOUT 34 YEARS
Court of
Karnataka           All ARE R/A DOOR NO.345
                    15TH CROSS JANAKIRAM LAYOUT
                    A BLOCK, M S NAGAR P O
                    BANGALORE-560033
                                                          ...APPELLANTS
              (BY SRI. NAVEEN CHANDRA N.,ADVOCATE AND
                  SRI. R.S. MANJUNATHA, ADVOCATE [ABSENT])
                              -2-
                                   NC: 2023:KHC:20563
                                        RFA No. 1017 of 2012




AND:

1.   SMT. MUNNIAMMA
     W/O LATE DHANPAL
     AGED ABOUT 70 YEARS.

2.   SMT ROSSY
     W/O LATE RAVI
     AGED ABOUT 38 YEARS
     BOTH ARE R/A OLD NO.191
     NEW DOOR NO.25,6TH MAIN ROAD
     VASANTHNAGAR,BANGALORE-560052.
                                             ...RESPONDENTS
(BY SRI.RAMACHANDRA G BHAR., ADVOCATE FOR R2:
    APPEAL AGAINST R1 IS DISMISSED)


     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI
RULE (1) OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 14.10.2011 PASSED IN O.S.NO.16114/2004 ON THE
FILE OF THE XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL
UNIT, BANGALORE, DISMISSING THE SUIT FOR PARTITION
AND SEPARATE POSSESSION.

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

On 23.02.2015, 12.06.2015, 23.06.2021 and

28.07.2022, when the matter was called out, none

appeared for the appellants. Again on 09.06.2023, when

the matter was called out, none appeared for the

appellants. As a last chance, the matter was listed on

14.06.2023. Even on 14.06.2023, none appeared for the

NC: 2023:KHC:20563 RFA No. 1017 of 2012

appellants and hence the matter was ordered to be listed

on 15.06.2023 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

HA