Bheemasen Kulkarni vs M/S Global Edge Softward Ltd
2023 Latest Caselaw 3695 Kant

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                                                     NC: 2023:KHC:21916
                                                         RFA No. 1116 of 2008




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 26TH DAY OF JUNE, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        REGULAR FIRST APPEAL NO. 1116 OF 2008 (MON)
                   BETWEEN:

                   1.    BHEEMASEN KULKARNI
                         S/O GOVINDA RAO KULKARNI
                         OCC:ENGINEER PLOT NO.251
                         KUMUDKUNJ NGO'S COLONY
                         FIELDS TAVARGI ROAD, GULBARGA-2.

                   2.    GOVINDA RAO KULKARNI
                         S/O BHIMSEN RAO
                         AGE:62 YEARSRS
                         OCC:PENSION, PLOT NO.251
                         KUMUDKUNJ NGO'S COLONY FIELDS
                         TAVARGI ROAD,GULBARGA-2.
                                                                ...APPELLANTS
                   (BY SRI.R.R.DESAI., ADVOCATE AND
                       SRI. SUDHINDRA DESAI, ADVOCATE [ABSENT])
Digitally signed
by                 AND:
DHANALAKSHMI
MURTHY
Location: High     M/S GLOBAL EDGE SOFTWARD LTD
Court of           S.P.ROYALE 218
Karnataka
                   SAMPIGE ROAD, MALLESWARAM
                   BANGALORE-3
                   REP BY ITS CHAIRMAN AND
                   MANAGING DIRECTOR.
                                                               ...RESPONDENT
                   (NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED)


                           THIS RFA IS FILED UNDER SECTION 96 OF THE CPC
                   1908, AGAINST THE JUDGEMENT AND DECREE DATED: 5.6.08
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                                     NC: 2023:KHC:21916
                                        RFA No. 1116 of 2008




PASSED IN OS NO.9710/05 ON THE FILE OF THE XIX ADDL.
CITY CIVIL & SESSIONS JUDGE, BANGALORE, DECREEING THE
SUIT FOR RECOVERY OF MONEY.

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

                          JUDGMENT

When the matter was posted on 14.06.2023, none

appeared for the appellants. Hence, to give one more

opportunity, the matter was ordered to be listed on

22.06.2023. Even on 22.06.2023, when the matter was

called out, none appeared for the appellants. Hence, the

matter was ordered to be listed on 23.06.2023 on top of

the list. Again on 23.06.2023, when the matter was called

out, none appeared for the appellants. Hence, the matter

was ordered to be listed on 26.06.2023 with a direction to

list the matter on top of the list under the caption "for

dismissal".

2. Even today when the matter is called out, none

appeared for the appellants.

NC: 2023:KHC:21916 RFA No. 1116 of 2008

3. It appears that the appellants are not interested

in prosecuting the case. Hence, the appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

HA