Sri A N Gopi vs R Dattatreya
2023 Latest Caselaw 1843 Kant

                                                   -1-
                                                            RFA No. 2294 of 2006




                           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. 2294 OF 2006 (INJ)


                      BETWEEN:


                      1.   SRI. A.N. GOPI
                           S/O LATE NARAYANAPPA
                           ALIAS NARAYANASWAMY
                           AGED 51 YEARS.

Digitally signed by   2.   SRI. A.N. RAJANNA
NANDINI B G                S/O LATE NARAYANAPPA
Location: High             ALIAS NARAYANASWAMY
Court Of Karnataka
                           AGED 48 YEARS.

                      3.   SRI. A.N. SURESH
                           S/O LATE NARAYANAPPA
                           ALIAS NARAYANASWAMY
                           AGED 38 YEARS

                      ALL ARE RESIDING AT ALLALASANDRA
                      G.K.V.K. POST
                      BANGALORE - 560 065.

                                                                      ...APPELLANTS


                      (BY SRI: C.M. DESAI,
                          SRI: ARVIND C. DESAI, ADVOCATES (ABSENT))


                      AND:


                      R. DATTATREYA
                      S/O RAJENDRAPPA
                      AGED ABOUT 41 YEARS
                      R/AT NO.362/1, 14TH CROSS
                                   -2-
                                                RFA No. 2294 of 2006




SADASHIVANAGAR
BANGALORE - 560 080.
                                                            ...RESPONDENT
(V/O DTD: 30.09.2015 NOTICE TO
 RESPONDENT IS HELD SUFFICIENT)



     THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 25.07.2006 PASSED IN
O.S.NO.526/2000 ON THE FILE OF THE VI ADDL.CITY CIVIL JUDGE,
BANGALORE (CCCH.NO.11) 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 appellants is absent. No

representation.

2. The order sheet dated 09.03.2023 reads as under:

"Learned counsel for the appellants seeks time and undertakes to address his arguments on the next date of hearing without fail.

The appeal is of the year 2006. I do not find any reason to adjourn the matter. However, to afford final opportunity, list the matter on 14.03.2023."

3. In spite of that, there is no representation even

though the matter is passed over twice and called at 3.20 p.m.

RFA No. 2294 of 2006

I do not find any reason to adjourn the matter. The appellants

are not interested in prosecuting the matter.

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

prosecution.

Sd/-

JUDGE

*bgn/-