M Krishnappa vs Muniraju
2023 Latest Caselaw 1750 Kant

                                                 -1-
                                                           RFA No. 457 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. 457 OF 2007 (INJ)

                   BETWEEN:
                   M. KRISHNAPPA,
                   AGED ABOUT 55 YEAS,
                   S/O LATE MUNIYAPPA URUF GUNDPPA,
                   NO. 438, 6TH CROSS,
                   II PHASE, I STAGE,
                   GOKUL, BANGALORE - 560 054
                                                                   ...APPELLANT
                   (BY SRI: T.N. ARAKESWARA, ADVOCATE)

                   AND:
                   1.   MUNIRAJU
                        S/O LATE JARAYAMA,
                        AGED ABOUT 32 YEARS,
                        NO.24, DIWNARAPALYA
                        BANGALORE - 560 054.

                   2.   SRIRAMA,
                        S/O B.M. NARASIMHAIAH,
Digitally signed
by PAVITHRA N           AGED ABOUT 50 YEARS,
Location: High          I STAGE, II PHASE,
Court Of                HMT MAIN ROAD,
Karnataka               DIWANARAPALYA,
                        BANGALORE - 560 054.

                   3.   SMT. KRISHNAMMA,
                        AGED ABOUT 65 YEARS,
                        W/O A. NARAYANA, NO.405,
                        UPPER PALACE ORCHARD,
                        SADASHIVANAGAR,
                        BANGALORE - 560 080.

                                                                 ...RESPONDENTS
                   (BY SRI: K.A. PRAKASH, ADVOCATE FOR R1 & R2
                                -2-
                                           RFA No. 457 of 2007




   SRI: N. HARIPRASAD, ADVOCATE FOR R3)

      THIS R.F.A. IS FILED U/S 96 R/W ORDER 41 RULE 1 OF CPC
AGAINST THE JUDGMENT AND DECREE DT.07.10.2006 PASSED IN
OS.NO.167/1997 ON THE FILE OF THE XI ADDL. CITY CIVIL JUDGE,
CITY CIVIL COURT, BANGALORE, CCH-8, DISMISSING THE SUIT FOR
PERMANENT INJUNCTION.

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

Learned counsel for the appellant is absent. No

representation.

Learned counsel for respondent No.3 is present and

he opposes for granting of time.

2. The order sheet dated 27.02.2023 reads as

under:

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

It is noticed that the appeal is of the year 2007. Therefore, I do not find any reason to adjourn the matter. However, to afford a final opportunity, list the matter finally on 09.03.2023."

RFA No. 457 of 2007

3. In spite of that, there is no representation. I do

not find any reason to adjourn the matter. It appears that

the appellant is not interested in prosecuting the appeal.

Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

PN