M S Nagendra vs S N Gowrishankar
2023 Latest Caselaw 3619 Kant

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                                                    NC: 2023:KHC:21584
                                                      RFA No. 1747 of 2007




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 22ND DAY OF JUNE, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1747 OF 2007 (INJ)
                   BETWEEN:

                   M S NAGENDRA
                   S/O M SIDDALINGAPPA
                   AGED ABOUT 54 YEARS
                   PLAT NO.2, 3RD BLOCK
                   4TH STAGE,WEST OF CHORD ROAD
                   BASAVESHWARA NAGAR, BANGALORE-79


                                                                 ...APPELLANT
                   (BY SRI.M S NAGENDRA., ADVOCATE)

                   AND:

                   1.    S N GOWRISHANKAR
                         S/O H NANJUNDAIAH
Digitally signed         AGED ABOUT 54 YEARS
by
DHANALAKSHMI             NO.693, II B CROSS, 9TH MAIN
MURTHY                   3RD STAGE, 3RD BLOCK
Location: High           BASAVESHWARA NAGAR,BANGALORE-79.
Court of
Karnataka
                   2.    THE COMMISSIONER
                         BANGALORE DEVELOPMENT AUTHORITY
                         KUMARA KRUPA WEST, BANGALORE-20
                                                            ...RESPONDENTS
                   (BY SRI. G.S. RAVISHANKAR, ADVOCATE FOR R1:
                   SRI, AJAY KUMAR M, ADVOCATE FOR R2)
                        THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
                   THE JUDGEMENT AND DECREE DATED:27.10.2006 PASSED IN
                   OS.NO.5583/1992 ON THE FILE OF THE XVI ADDL.CITY CIVIL
                   AND   SESSIONS     JUDGE,BANGALORE   CITY,  CCH.NO.12,
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                                    NC: 2023:KHC:21584
                                      RFA No. 1747 of 2007




DISMISING THE SUIT FOR PERMANENT INJUNCTION AND
MANDATORY INJUNCTION.

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

The court notice issued to the sole appellant by the

City Civil Court, Bangalore has returned with a postal

shara dated 21.2.2023 stating that the appellant died on

3.7.2015.

Till today, no application is filed to bring the legal

representatives of deceased appellant on record.

Hence, the appeal is dismissed as abated.

Sd/-

JUDGE

DM