Mr.S.Shyam Prasad vs Sri.S.Krishna Mohan
2023 Latest Caselaw 8222 Kant

Karnataka High Court

Mr.S.Shyam Prasad vs Sri.S.Krishna Mohan on 23 November, 2023

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                   NC: 2023:KHC:42326
                                                  RFA No. 570 of 2009
                                              C/W RFA No. 571 of 2009



                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 23RD DAY OF NOVEMBER, 2023

                                     BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL NO. 570 OF 2009 (INJ)
                                       C/W
                     REGULAR FIRST APPEAL NO. 571 OF 2009


              IN RFA NO.570/2009
              BETWEEN:

                 MR.S.SHYAM PRASAD,
                 S/O. LATE S. RAMPRASAD,
                 AGED ABOUT 41 YEARS,
                 R/AT NO.31, PARK ROAD,
                 TASKER TOWN,
                 BANGALORE - 560 051.
                                                          ...APPELLANT
              (BY SRI.THEJESH FOR SRI.SHANMUKAPPA BY KESVY AND CO.,
              ADVOCATE)
Digitally
signed by R   AND:
MANJUNATHA
Location:
HIGH COURT
OF               SRI. S. KRISHNA MOHAN,
KARNATAKA        S/O. LATE S. RAMMOHAN,
                 AGED ABOUT 48 YEARS,
                 R/O. NO.30, PARK ROAD,
                 TASKER TOWN,
                 BANGALORE - 560 051.
                 (DEFENDANT NO.2 IN THE TRIAL COURT)
                                                       ...RESPONDENT
              (BY SRI. SIDDARTH K. SUMAN, ADVOCATE FOR C/R)
                                 -2-
                                             NC: 2023:KHC:42326
                                          RFA No. 570 of 2009
                                      C/W RFA No. 571 of 2009



        THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE
JUDGMENT       AND   DECREE   DATED:28.02.2009      PASSED   IN
O.S.NO.3822/2000 ON THE FILE OF THE XXXVII ADDL. CITY
CIVIL    AND   SESSIONS   JUDGE,      (CCH   NO.38)BANGALORE,
DISMISSING THE SUIT FOR PERPETUAL INJUNCTION AND THE
APPELLANT      HEREIN   PRAYS    TO   SET-ASIDE    THE   ABOVE
JUDGMENT AND DECREE IN O.S.3822/2000 AND DECREE THE
SUIT AS PRAYER.

IN RFA NO.571/2009
BETWEEN:

    MR. S.SHYAM PRASAD,
    S/O. LATE S. RAMPRASAD,
    AGED ABOUT 41 YEARS,
    R/AT NO.31, PARK ROAD,
    TASKER TOWN,
    BANGALORE - 560 051.
                                                   ...APPELLANT
(BY SRI.THEJESH FOR SRI.SHANMUKAPPA BY KESVY AND CO.,
ADVOCATE)
AND:

    SRI. S. KRISHNA MOHAN,
    S/O. LATE S. RAMMOHAN,
    AGED ABOUT 48 YEARS,
    R/O. NO.30, PARK ROAD,
    TASKER TOWN,
    BANGALORE - 560 051.
    (DEFENDANT NO.2 IN THE TRIAL COURT)
                                                  ...RESPONDENT
(BY SRI. SIDDARTH K. SUMAN, ADVOCATE FOR C/R)
                                   -3-
                                                NC: 2023:KHC:42326
                                            RFA No. 570 of 2009
                                        C/W RFA No. 571 of 2009



        THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE
JUDGMENT       AND   DECREE    DATED:28.02.2009        PASSED    IN
O.S.NO.4434/2000 ON THE FILE OF THE XXXVII ADDL. CITY
CIVIL    AND   SESSIONS     JUDGE,      (CCH   NO.38)BANGALORE,
DISMISSING THE SUIT FOR PERPETUAL INJUNCTION.

        THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                              ORDER

Sri.Thejesh, learned counsel appearing on behalf of

Sri.Shanmukappa, learned counsel for the appellant

submits that appellant has taken back the file and he has

not returned the same.

2. Placing his submissions on record, appeal stands

dismissed for non prosecution.

Sd/-

JUDGE

KAV

CT:SNN