Smt. Rajamma vs Smt. Muddamma
2023 Latest Caselaw 3521 Kant

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                                                     NC: 2023:KHC:21180
                                                       MFA No. 6932 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 20TH DAY OF JUNE, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 6932 OF 2014 (CPC)

                   BETWEEN:

                   1.     SMT. RAJAMMA
                          SINCE DEAD BY LEGAL REPRESENTATIVE.,

                   1(a) GOPAL
                        S/O LATE GOVINDASWAMY,
                        AGED ABOUT 66 YEARS,
                        R/AT. RAGHAVENDRA COLONY,
                        KRISHNAPPA LAYOUT,
                        CHAMARAJPET,
                        BANGALORE-560 018.
                                                                 ...APPELLANT

                            (BY SRI. ZULFIKIR KUMAR SHAFI, ADVOCATE)
                   AND:
Digitally signed
by SHARANYA T      1.    SMT. MUDDAMMA
Location: HIGH           MAJOR,
COURT OF
KARNATAKA                W/O LATE VENKATESHAPPA,

                   2.    SRI GOVINDA RAJU
                         MAJOR,
                         S/O LATE VENKATESHAPPA,

                         BOTH ARE RESIDING AT
                         PREMISES NO.52,
                         DEVANATHACHAR STREET,
                         5TH CROSS, 5TH MAIN,
                         CHAMARAJPET,
                         BANGALORE-560 018
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                                 NC: 2023:KHC:21180
                                   MFA No. 6932 of 2014




3.   SMT. JAYAMMA
     MAJOR,
     W/O LATE REVANNA

4.   SRI SOMASHEKAR
     MAJOR,
     S/O LATE REVANNA

5.   SRI JAYANNA
     MAJOR,
     S/O LATE REVANNA

6.   SMT LAKSHMI
     MAJOR,
     D/O LATE REVANNA

7.   SRI HEMANTH
     MAJOR,
     S/O LATE REVANNA

     ALL ARE RESIDING
     AT KAIWARA,
     CHINTHAMANI TALUK
     KOLAR DISTRICT-563 125
                                        ...RESPONDENTS

(BY SRI. N.R.NAIK, ADVOCATE FOR R1 AND R2 [THROUGH VC]
        SRI RAMESH KUMAR R.V., ADVOCATE FOR R3
              VIDE ORDER DATED 08.08.2016
         NOTICE TO R4 TO R7 ARE DISPENSED WITH)

     THIS MFA IS FILED U/O 43 RULE 1(d) OF CPC, AGAINST
THE ORDER DATED 18.08.2014 PASSED ON MISCELLANEOUS
NO.64/2003 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL &
SESSIONS    JUDGE,     BANGALORE,     DISMISSING    THE
MISC.NO.64/2003 FILED U/O 9 R.13 OF CPC.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                       NC: 2023:KHC:21180
                                          MFA No. 6932 of 2014




                          JUDGMENT

Learned counsel for R1 and R2 and learned counsel for

R3, are present.

2. On an earlier occasion i.e., on 06.06.2023, both

counsel were absent. However, this Court taking into note of

the absence of both the counsel, in the ends of justice, one

more opportunity was given to them and also it is made clear

that if the learned counsel for the appellant does not appear on

the next date of hearing, the appeal will be dismissed for non-

prosecution since it is an appeal of the year 2014.

3. Today also, there is no representation on behalf of

the appellant. In spite of specific direction, the learned counsel

for the appellant is not pursuing the matter diligently. Hence,

the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

CP