Sri Venugopal vs Sri Radhakrishna
2023 Latest Caselaw 3760 Kant

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                                                    NC: 2023:KHC:22158
                                                       RFA No. 201 of 2008




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 27TH DAY OF JUNE, 2023

                                           BEFORE
                    THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                     REGULAR FIRST APPEAL NO. 201 OF 2008 (INJ)
                 BETWEEN:

                 SRI VENUGOPAL
                 S/O LATE YELLAPPA
                 AGED 49 YEARS,R/AT NO.7
                 YELLAPPA GARDEN
                 BANASHANKARI III STAGE
                 BANGALORE 85.
                                                              ...APPELLANT
                 (BY SRI. M S PRAKASH.,ADVOCATE AND
                 SRI. SAI PRASAD, ADVOCATE)
                 AND:

                 SRI RADHAKRISHNA
                 S/O KRISHNAPPA
                 AGED 64 YEARS
                 R/AT NO.100, I MAIN, 14TH CROSS
Digitally signed
by               ASHOKNAGAR, BANASHANKARI I STAGE
DHANALAKSHMI BANGALORE 50.
MURTHY                                                      ...RESPONDENT
Location: High
Court of         (BY SRI.N.R. NAIK, ADVOCATE)
Karnataka
                      THIS RFA IS FILED UNDER SECTION 96 OF THE CPC
                 AGAINST THE JUDGEMENT AND DECREE DATED: 7.11.07
                 PASSED IN OS NO. 3064/03 ON THE FILE OF THE V ADDL. CITY
                 CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR
                 PERMANENT INJUNCTION.

                      THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
                 THE COURT DELIVERED THE FOLLOWING:
                               -2-
                                      NC: 2023:KHC:22158
                                          RFA No. 201 of 2008




                       JUDGMENT

When the matter was posted on 08.03.2011, none

appeared for the appellant. Hence, the matter was

adjourned by imposing the cost of Rs.1,000/- on the

appellant payable to the respondents. Again on

17.01.2020, when the matter was called out, none

appeared for the appellant. Hence, the matter was

adjourned by two weeks. Even on 23.06.2023 when the

matter was called out, none appeared for the appellant.

Hence, the matter was ordered to be listed on 26.06.2023

on top of the list for orders. Even on 26.06.2023 when the

matter was called out, none appeared for the appellant.

Hence the matter was directed to be listed on 27.06.2023

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

appeal".

Even today when the matter is called out, none

appears for the appellant.

NC: 2023:KHC:22158 RFA No. 201 of 2008

It appears that the appellant is not interested in

prosecuting the case. Hence, the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

HA