Sri G Ravikumar vs Sri V Ananda Kumar
2023 Latest Caselaw 8139 Kant

Karnataka High Court

Sri G Ravikumar vs Sri V Ananda Kumar on 22 November, 2023

Author: V Srishananda

Bench: V Srishananda

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                                                            NC: 2023:KHC:42016
                                                          RFA No. 1624 of 2012




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 22ND DAY OF NOVEMBER, 2023

                                               BEFORE
                              THE HON'BLE MR JUSTICE V SRISHANANDA
                            REGULAR FIRST APPEAL NO. 1624 OF 2012 (INJ)
                      BETWEEN:

                      SRI. G. RAVIKUMAR,
                      AGED ABOUT 48 YEARS,
                      S/O SRI. N. C. GANGADHARAPPA,
                      R/O HOUSE NO.42, 1ST MAIN,
                      6TH PHASE, 1ST STAGE,
                      MAHAGANAPATHI NAGAR,
                      WEST OF CHORD ROAD, RAJAJINAGAR,
                      BANGALORE - 560 010,
                      REPRESENTED BY HIS WIFE AND
                      GPA HOLDER SMT. PRABHA RAVIKUMAR,
                      AGED ABOUT 43 YEARS.
                                                                  ...APPELLANT
                      (BY SMT. SRIVIDYA, ADVOCATE FOR
                          SRI. T.N. VISWANATHA, ADVOCATE AND
Digitally signed by       SRI. T.N. RAMESH, ADVOCATE)
R MANJUNATHA
Location: HIGH
COURT OF              AND:
KARNATAKA


                      1.    SRI. V. ANANDA KUMAR,
                            MAJOR,
                            S/O V. VENKATESH,
                            R/O NO.16, SUBBAIAH COLONY,
                            BEHIND LVB BAKERY,
                            NEAR GUDDADAHALLI BUS STOP,
                            MYSORE ROAD, BANGALORE - 560 026.
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                                                 NC: 2023:KHC:42016
                                              RFA No. 1624 of 2012




2.     SRI. JAGADEESH S,
       MAJOR,
       S/O SANGAPPA KALLUR,
       R/O NO.3035, 14TH CROSS,
       6TH MAIN, BANASHANKARI II STAGE,
       BANGALORE - 560 070.

3.     SRI. BASAVESHWARA HOUSE BUILDING
       CO-OPERATIVE SOCIETY LIMITED,
       BASAVESHWARA LAYOUT,
       NEAR BTS GARAGE, VIJAYANAGAR,
       BANGALORE - 560 040,
       REPRESENTED BY ITS SECRETARY
       SRI. B. JAYADEV.
                                                    ...RESPONDENTS
(BY SRI. C. JAGADISH, ADVOCATE FOR R1;
    SRI. J. PRAKASH, ADVOCATE FOR R2;
    R3 - SERVED)

        THIS RFA IS FILED U/SEC.96 R/W ORDER XLI RULE 1 OF
CPC,     AGAINST    THE      JUDGMENT      AND     DECREE    DATED
01.06.2012 PASSED IN O.S.6772/2009 ON THE FILE OF THE
XLII    ADDITIONAL     CITY    CIVIL    AND      SESSIONS    JUDGE,
BANGALORE, DISMISSING THE SUIT FOR INJUNCTION.

        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                              ORDER

Smt. Srividya, learned counsel for the appellant

submits that despite best efforts, appellant is not

NC: 2023:KHC:42016

cooperating to prosecute the appeal further and had also

not cooperated in preparation of paper books.

2. The suit is one for bare injunction which is

dismissed. Plaintiff has preferred the present appeal which

is pending since the year 2012. Further, seeking for an

order of injunction is a continuous cause of action.

Therefore, no useful purpose would be served in keeping

the appeal pending.

3. Accordingly, placing the submission of

Smt. Srividya, learned counsel for the appellant, appeal

stands dismissed for non prosecution.

Sd/-

JUDGE

MCR