T Lakshminarayana vs Smt Muniamma
2023 Latest Caselaw 1849 Kant

                                               -1-
                                                           RFA No. 1757 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. 1757 OF 2007 (SP)

                   BETWEEN:
                   T. LAKSHMINARAYANA,
                   S/O T. THIMMAPPA
                   AGED ABOUT 42 YEARS,
                   R/AT.NO.472/1,
                   K.R. PURAM MAIN ROAD,
                   BANGALORE - 560 036.
                                                                   ... APPELLANT
                   (BY SRI: CHANDRAJEET YADAV, ADVOCATE)

                   AND:

                   1. SMT. MUNIAMMA,
                      W/O LATE PUTTAPPA,
                      MAJOR,
                      OCCUPATION - POST PERSON,
                      R/AT. DEVASANDRA,
Digitally signed
by PAVITHRA N         K.R. PURAM,
Location: High        BANGALORE - 560 036.
Court Of
Karnataka          2. SRI. P. NANJUNDAPPA,
                      S/O LATE PUTTAPPA,
                      MAJOR,
                      OCCUPATION - POSTMAN,
                      R/AT DEVASANDRA,
                      K.R. PURAM,
                      BANGALORE - 560 036.

                   3. SRI. P. RAMAIAH,
                      S/O LATE PUTTAPPA,
                      MAJOR,
                      R/AT DEVASANDRA,
                      K.R. PURAM,
                      BANGALORE - 560 036

                   4. SRI. P. MALLESH,
                      S/O LATE PUTTAPPA,
                             -2-
                                      RFA No. 1757 of 2007




   MAJOR,
   R/AT DEVASANDRA,
   K.R. PURAM,
   BANGALORE - 560 036

5. SRI. P. SRIRAM,
   S/O LATE PUTTAPPA,
   AGED ABOUT 36 YEARS,
   R/AT PRANAV NILAYA,
   NO.15, GAYATHRI EXTENSION,
   BASAVANAPURA MAIN ROAD,
   DEVASANDRA MAIN ROAD,
   K.R. PURAM,
   BANGALORE - 560 036.

                                           ... RESPONDENTS

(R1, R2 R4 & R5 ARE SERVED
 V/O DTD: 25/8/2010 NOTICE TO R3 IS DISPENSED WITH)

     THIS R.F.A. IS FILED UNDER SECTION U/S 96 OF CPC
AGAINST THE JUDGEMENT AND DECREE DT. 27.06.2007 PASSED IN
OS.NO.8215/1995 ON THE FILE OF THE XVII ADDL.CITY CIVIL
JUDGE, BANGALORE CITY, CCH-16, PARTLY DECREEING THE SUIT
FOR SPECIFIC PERFORMANCE.

     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.

2. The appeal is of the year 2007. On the last

date of hearing i.e., 28.02.2023, the appellant had

appeared before the Court and undertook to address

argument on the next date of hearing without fail.

RFA No. 1757 of 2007

3. The order sheet dated 28.02.2023 reads as

under;

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

His submission is placed on record.

List these matters on 14.03.2023."

4. Inspite of that, there is no representation. I do

not find any reason to adjourn the matter. Hence, the

appeal is dismissed for non-prosecution.

Sd/-

JUDGE

PN