Smt A S Uma Devi vs Sri A B Surya S/O A M Balappa
2023 Latest Caselaw 3516 Kant

                                               -1-
                                                        NC: 2023:KHC:21195
                                                          RFA No. 1266 of 2008




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 20TH DAY OF JUNE, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1266 OF 2008 (PAR)
                   BETWEEN:

                   1.    SMT A S UMA DEVI
                         D/O A B SURYA AND
                         W/O SRI PRABHAKAR
                         AGED ABOUT 40 YEARS
                         R/A NO.496, 17TH CROSS
                         4TH PHASE, J.P.NAGAR
                         BANGALORE 560011.

                   2.    SMT A S NALINI
                         W/O SRI VENKAT REDDY
                         AGED ABOUT 36 YEARS
                         R/A NO.188, 10TH CROSS
                         WILSON GARDEN
                         BANGALORE-560027.

Digitally signed   3.    SMT A S SANDHYA
by                       W/O SRI SRINATH
DHANALAKSHMI
MURTHY                   AGED ABOUT 28 YEARS
Location: High           R/A NO.786, 17TH B MAIN ROAD
Court of                 5TH BLOCK, RAJAJINAGAR
Karnataka                BANGALORE-560010.
                                                                 ...APPELLANTS
                   (BY SRI. C S HASHIM SAEED.,ADVOCATE &
                   SRI. N V MANJUNATH, ADVOCATE [ABSENT])
                   AND:

                   1.    SRI A B SURYA
                         S/O A M BALAPPA
                         AGED ABOUT 65 YEARS
                         R/A CORPORATION NO.29
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                                  NC: 2023:KHC:21195
                                      RFA No. 1266 of 2008




     GOLDEN NEST APARTMENT
     FLAT NO.005, GRAMADEVATA ROAD
     ADUGODI, BANGALORE-560037.

2.   A S JYOTI W/O SRI LAKSHMAN
     AGED ABOUT 26 YEARS
     R/A NO.82, 6TH CROSS
     AGRA SARJAPURA ROAD
     BANGALORE 560003.

3.   SMT A S PREMA
     W/O SRI VENKATESH
     AGED ABOUT 30 YEARS
     R/A NO.1, ANJANEYA TEMPLE ROAD
     DEVASANDRA, R.M.V.2ND STAGE
     BANGALORE-560094.

4.   SMT A S USHA RANI
     W/O SRI RAVIKUMAR
     AGED ABOUT 36 YEARS
     R/A NO.33, SSRS ILLAM
     MOUNT PLEASANT COONOOR
     OOTY-643002.

5.   SMT A S ANURADA
     W/O NARASIMHA MURTHY
     AGED ABOUT 34 YEARS
     R/A MAMATHALAYA
     108, 5TH CROSS
     1ST STAGETEACHERS COLONY
     BANGALORE-560078.

6.   SRI C SATHYANARAYANA
     S/O SRI A B CHIKKAMUNIAVALAPPA
     AGED ABOUT 40 YEARS
     R/A NO.6, IIND MAIN
     ADUGODI,BANGALORE-560030.

7.   M/S SALARPURIYA PROPERTIES PVT LTD
     (BUILDERS & DEVELOPERS)
     NOS.100, K.H.ROAD
                            -3-
                                  NC: 2023:KHC:21195
                                     RFA No. 1266 of 2008




    BANGALROE 560027
    REP BY ITS MANAGING DIRECTOR
    SRI BALAJI AGARWAL
                                          ...RESPONDENTS
(BY SRI. NARAYANA REDDY M.,ADVOCATE FOR R1:
SRI. K.N. VENKATESH, ADVOCATE FOR R2 & R3:
SRI. CHANNAKESHWARA REDDY, ADVOCATE FOR R4 & R5:
SRI. M.J. ALVA, ADVOCATE FOR R6:
NOTICE TO R7 SERVED & UNREPRESENTED)


     THIS RFA IS FILED UNDER SECTION 96 CPC AGAINST
THE JUDGMENT AND DECREE DATED:2.4.2008 PASSED IN
OS.NO. 7789/2002 ON THE FILE OF THE XXXVIII ADDL.CITY
CIVIL JUDGE, BANGALORE, NEGATIVELY ANSWERING ISSUE
NO.1 AND DISMISSING THE SUIT IN VIEW OF THE FINDINGS
GIVEN ON ISSUE NO.1.

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

                       JUDGMENT

On 16.6.2023, when the matter was called out, none

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

matter was ordered to be listed on 19.6.2023 on top of the

list for orders. Even on 19.6.2023, none appeared for the

appellants and hence the matter was ordered to be listed

on 20.6.2023 on top of the list under the caption 'for

dismissal'.

NC: 2023:KHC:21195 RFA No. 1266 of 2008

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.

Sd/-

JUDGE

DM