G Rajusetty vs The Chief Secretary Government Of ...
2023 Latest Caselaw 1745 Kant

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                                                               RFA No. 941 of 2007




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 9TH DAY OF MARCH, 2023

                                                 BEFORE
                                   THE HON'BLE MRS JUSTICE M G UMA
                             REGULAR FIRST APPEAL NO. 941 OF 2007 (RES)

                      BETWEEN:
                      1.   G. RAJUSETTY
                           S/O. LATE. K. GOVINDASETTY
                           AGED ABOUT 72 YEARS

                      2.   G. NAGARAJASETTY
                           S/O. LATE K. GOVINDASETTY
                           AGED ABOUT 68 YEARS

                      BOTH ARE RESIDING AT
                      6TH CROSS, R.P. ROAD EXTENSION
                      NANJANGUD - 571 301.

                                                                      ...APPELLANTS
                      (BY SRI: M. SIVAPPA &
                          SRI: S. ANILKUMAR, ADVOCATES (ABSENT))
Digitally signed by
NANDINI B G
Location: High        AND:
Court Of Karnataka
                      1.   THE CHIEF SECRETARY
                           GOVERNMENT OF KARNATAKA
                           BANGALORE - 560 001.

                      2.   DIRECTOR OF SERICULTURE
                           GOVERNMENT OF KARNATAKA
                           BANGALORE - 560 001.

                      3.   THE ASSISTANT DIRECTOR OF
                           SERICULTURE, NANJANGUD - 571 301.

                                                                    ...RESPONDENTS
                      (BY SRI: H.K. BASAVARAJU, AGA)

                           THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST
                      THE JUDGEMENT AND DECREE DATED. 25.09.2006 PASSED IN OS
                                 -2-
                                               RFA No. 941 of 2007




NO. 113/2001 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND
JMFC., NANJANGUD, DISMISSING THE SUIT FOR RECOVERY OF
MONEY.

     THIS R.F.A., COMING ON FOR FINAL HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

Learned counsel for the appellants is absent. No

representation even when the matter was passed over and

called at 3.30 p.m.

2. Learned Additional Government Advocate is present

and opposes for grant of adjournment.

3. The order sheet dated 28.02.2023 reads as under:

"Learned counsel for the appellants is absent. No representation.

The appeal is of the year 2007.

Learned Government Advocate submits that the suit for recovery of arrears of rent came to be dismissed by the Trial Court and opposes for grant of time.

Even though, there are no reason to adjourn the matter, only to afford final opportunity, list on 09.03.2023."

RFA No. 941 of 2007

4. In spite of that, there is no representation. It is

apparent that the appellants are not interested in prosecuting

the appeal.

Hence, the appeal is dismissed for default i.e., for non

prosecution.

Sd/-

JUDGE

*bgn/-