Sri Kushal Chand S/O Uttam Chand vs Sri H R Nagendra Guptha
2023 Latest Caselaw 1842 Kant

                                                       -1-
                                                             RFA No. 1160 of 2007




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 14TH DAY OF MARCH, 2023

                                                  BEFORE
                                   THE HON'BLE MRS JUSTICE M G UMA

                             REGULAR FIRST APPEAL NO. 1160 OF 2007 (DEC)


                      BETWEEN:


                      1.   SRI KUSHAL CHAND
                           S/O UTTAM CHAND
                           45 YEARS, UTTAM JEWELLERS
                           # 2390, 10TH MAIN
                           E BLOCK, II STAGE, RAJAJINAGAR
                           BANGALORE - 560 010

Digitally signed by   2.   SRI UTTAM CHAND
NANDINI B G
Location: High
                           S/O CHAMPALAL
Court Of Karnataka         46 YEARS, UTTAM JEWELLERS
                           # 2390, 10TH MAIN
                           E BLOCK, II STAGE, RAJAJINAGAR
                           BANGALORE - 560 010

                      3.   SRI RADHAKRISHNA NAIR
                           S/O GOVIND KUTTY
                           56 YEARS, SITE NO.40
                           S NO.39, 7TH CROSS
                           PRASHANTHA NAGAR
                           PIPELINE, 'T' DASARAHALLI
                           BANGALORE - 560 057.

                                                                     ...APPELLANTS

                      (BY SRI: MANJUNATH .M. DATAR, ADVOCATE (EXPIRED)
                          & SRI: M.V.V. RAMANA, ADVOCATE)


                      AND:
                      SRI HR NAGENDRA GUPTHA
                      S/O HJ RAMASWAMY SHETTY
                      59 YEARS, R/O # 252
                                 -2-
                                                RFA No. 1160 of 2007




13TH MAIN, GOKULA EXTENSION
FIRST STAGE, FIRST PHASE
BANGALORE - 560 054.
                                                       ...RESPONDENT

(BY SRI: J. IMAYAN & SRI: M. SIVAPPA, ADVOCATES)

     THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 22.02.2007 PASSED IN
OS.NO.2360/1997 ON THE FILR OF THE III ADDITIONAL CITY CIVIL
JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR DECLARATION
AND INJUNCTION.

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


                            JUDGMENT

Sri M V V Ramana, learned counsel for the appellants

appeared through video conference and submits that Sri

Manjunath M Datar, learned counsel is no more. He further

submits that even though he is having vakalath along with

Manjunath M Datar, presently, he has no instructions from the

appellants nor he is having case papers. Therefore, he prays for

time.

2. The appeal is of the year 2007. 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. The order sheet dated 09.04.2021 reads as under:

RFA No. 1160 of 2007

"Learned counsel for the respondent prays for time.

Learned counsel on both sides shall submit their synopsis, notes of arguments and list of authorities on or before 03.06.2021. Notes of arguments shall be brief, pointed & with reference to the specific piece of evidence - both oral & documentary (exhibits), submitted in a bullet point manner. They shall also make reference to the relevant provisions of law & case laws bearing on the points in contention.

List on 03.06.2021."

In spite of that, there is non-compliance of the direction. Hence, I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 14.03.2023.

3. Under such circumstances, I do not find any reason

to keep the matter pending. Hence, the appeal is dismissed.

Sd/-

JUDGE

*bgn/-