Smt. Sundaramma vs Sri. Kadari Subbarao Sudeendra ...
2023 Latest Caselaw 2662 Kant

                                              -1-
                                                          RFA No. 861 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 26TH DAY OF MAY, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        REGULAR FIRST APPEAL NO. 861 OF 2014 (DEC/INJ)
                   BETWEEN:

                   1.    SMT. SUNDARAMMA
                         W/O. SRI D.KRISHNAIAH
                         AGED ABOUT 55 YEARS
                         R/AT NO.37/1, 8TH CROSS ROAD
                         LEFT SIDE, MAGADI ROAD
                         BANGALORE-560 023.

                   2.    SMT. R.LOKESHWARI BAI
                         W/O. SRI G . CHANDRASHEKAR
                         AGED ABOUT 47 YEARS
                         R/AT NO.49/21, 8TH CROSS ROAD
                         MAGADI ROAD,BANGALORE-560 023.
                                                                ...APPELLANTS
                   (BY SRI. HARIPRASAD N.,ADVOCATE)

Digitally signed   AND:
by
DHANALAKSHMI
MURTHY             1.    SRI. KADARI SUBBARAO
Location: High           SUDEENDRA THEERTHA KOUSHIK
Court of
Karnataka                S/O. SRI K.R. SUBBA RAO
                         AGED ABOUT 42 YEARS
                         NO.2, I FLOOR, 50' RING ROAD
                         AVALAHALLI, MUNESHWARA BLOCK
                         BANGALORE-560 026.

                   2.    SRI RAMESH
                         S/O. SRI HANUMAPPA
                         AGED ABOUT 49 YEARS
                         R/AT PANTHRAPALYA VILLAGE
                         KENGERI HOBLI
                             -2-
                                         RFA No. 861 of 2014




     BANGALORE NORTH TALUK
     BANGALORE-560 039.

3.   SRI D. RAMADAS,
     S/O. LATE DORESWAMY NAIDU
     AGED ABOUT 64 YEARS
     NO.2/23, 9TH CROSS, MAGADI ROAD
     BANGALORE-560 023.
                                             ...RESPONDENTS
(APPEAL AGAINST R1 & R2 IS DNP
V/O DATED: 23.11.2022:
NOTICE TO R3 IS H/S V/O DATED: 01.08.2022)


      THIS RFA IS FILED UNDER SECTION 96 R/W.ORDER 41
RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
5.3.2014 PASSED IN O.S.NO.3924/2009 ON THE FILE OF THE
XXXVII ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE
DECREEING THE SUIT FOR DECLARATION & INJUNCTION.

      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

None appears for the appellants.

Respondent Nos.1 and 2 are the contesting

respondents.

Since no steps have been taken to bring the legal

representatives of deceased respondent No.2 on record

and no steps have been taken to serve the unserved

RFA No. 861 of 2014

respondent No.1, appeal against respondent Nos.1 and 2

came to be dismissed vide order dated 23.11.2022.

Till today, no application has been filed to bring the

legal representatives of deceased respondent No.2 on

record and no steps have been taken to serve respondent

No.1.

It appears that the appellant is not interested in

prosecuting the case. Hence, the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

DM