Smt. Dhanalakshmi Raju vs Sri. C. Krishna @ Krishnappa
2023 Latest Caselaw 3851 Kant

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                                                 NC: 2023:KHC:22529
                                                     RFA No. 692 of 2016




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 30TH DAY OF JUNE, 2023

                                        BEFORE
                    THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                     REGULAR FIRST APPEAL NO. 692 OF 2016 (INJ)
                 BETWEEN:

                 SMT. DHANALAKSHMI RAJU
                 W/O LATE M.S. RAJU
                 AGED ABOUT 55 YEARS
                 R/AT NO.55, DICKENSON ROAD
                 BANGALORE-560 042.
                                                            ...APPELLANT
                 (BY SRI.M.S. MOHAN., ADVOCATE[ABSENT])

                 AND:

                 SRI. C. KRISHNA @ KRISHNAPPA
                 S/O SRI CHIKKANNA
                 AGED ABOUT 56 YEARS
                 R/AT OLD NO.23
                 NEW NO.4, 6TH "A" CROSS
Digitally signed MANNORAYANAPALYA
by
DHANALAKSHMI THULASAMMA THOTA
MURTHY           R.T. NAGAR POST
                 BANGALORE-560 032.
Location: High
Court of                                                  ...RESPONDENT
Karnataka
                      THIS RFA IS FILED UNDER SECTION 96 r/w ORDER 47
                 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
                 DATED 10.12.2015 PASSED IN O.S.NO.8564/2010 ON THE FILE
                 OF XXXI ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-14),
                 BANGALORE CITY, DECREED THE SUIT FOR INJUNCTION.

                     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                 COURT DELIVERED THE FOLLOWING:
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                                     NC: 2023:KHC:22529
                                          RFA No. 692 of 2016




                         JUDGMENT

1. None appears for the appellant.

2. This Court by order dated 15.03.2021 had

issued notice to the respondent. But the appellant has not

paid process fee to issue notice to the respondent. Even

on 21.06.2021, 13.09.2021, there was no representation

on behalf of the appellant and process fee has not been

paid. Again on 26.06.2023 when the matter was called

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

was ordered to be listed on 27.06.2023 on top of the list

for orders. Even on 27.06.2023, when the matter was

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

matter was directed to be listed on 30.06.2023 on top of

the list under the caption 'for dismissal'.

3. Even today when the matter is posted for

dismissal, none appears for the appellant and process fee

has not been paid to issue notice to the respondent. It

appears that the appellant is not interested in prosecuting

NC: 2023:KHC:22529 RFA No. 692 of 2016

the case. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

HA