Air Comde G N Baindur vs Bangalore Development Authority
2023 Latest Caselaw 8738 Kant

Karnataka High Court

Air Comde G N Baindur vs Bangalore Development Authority on 28 November, 2023

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                       NC: 2023:KHC:43027
                                                     RFA No. 359 of 2007




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                       BEFORE

                      THE HON'BLE MR JUSTICE V SRISHANANDA

                     REGULAR FIRST APPEAL No.359 OF 2007(INJ)

              BETWEEN:

                       AIR COMDE G N BAINDUR
                       HINDU, MAJOR
                       NO.441, 8TH MAIN ROAD
                       H.R.B.R. FIRST BLOCK
                       KALYAN NAGAR
                       BANGALORE-560 043

                       DEAD BY LEGAL REPRESENTATIVES

              1(a)     SRI VINAY BAINDUR
                       S/O LATE G.N.BAINDUR
                       AGED ABOUT 56 YEARS

              1(b)     SRI NAMEETA BAINDUR
                       S/O LATE G.N.BANDUR
Digitally              AGED ABOUT     YEARS
signed by R            PERSON OF UNSOUND MIND
MANJUNATHA
Location:              REPRESENTED BY SRI VINAY BAINDUR
HIGH COURT
OF
KARNATAKA              BOTH ARE RESIDING AT NO.11,
                       GROUND FLOOR,
                       ACACIA URBAN GOODS WATAKA
                       INFORTECH CITY
                       JAIPUR - 302026.
                                                            ...APPELLANTS

              (BY SRI H R ANANTHAKRISHNAMURTHY, ADVOCATE -ABSENT)
                                    -2-
                                               NC: 2023:KHC:43027
                                              RFA No. 359 of 2007




AND:

BANGALORE DEVELOPMENT AUTHORITY
SANKEY ROAD, KUMARA PARK WEST
BANGALORE-560020
REPRESENTED BY ITS COMMISSIONER
                                                      ...RESPONDENT

(BY SRI/SMT. Y P VIJAYA VASANTHA KUMARI, ADVOCATE)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 06.11.2006 PASSED IN O.S.NO.1985/2002 ON
THE FILE OF THE XVI ADDL. CITY CIVIL AND SESS. JUDGE,
BANGALORE     (CCH-12), DISMISSING    THE  SUIT   FOR
MANDATORY INJUNCTION.

     THIS REGULAR FIRST APPEAL, COMING ON FOR FINAL
HEARING,   THIS  DAY,  THE   COURT   DELIVERED  THE
FOLLOWING:

                             JUDGMENT

Case called twice. Sri H.R.Ananthakrishnamurthy, learned

counsel for the appellants is absent.

2. On 16.03.2023, this court passed the following Order:

"Learned counsel for the appellant prays for time. The order sheet dated 01.03.2023 reads as under:

"Learned counsel for the appellant prays for time and undertakes to address his arguments on the next date of hearing.

                                               NC: 2023:KHC:43027





                   Said   submission   is    taken   on
             record.

List the matter on 16.03.2023."

In spite of that, learned counsel is seeking time. I do not find any reason to adjourn the matter. However, to afford final opportunity, list this matter after two weeks."

Thereafter, sufficient time has been granted for the

learned counsel for the appellants to address the arguments.

4. Today, even in second round of calling of cases, learned

counsel for the appellants is absent. Perused the records. Suit

of the plaintiff is for bare injunction which came to be dismissed

by the judgment of the Trial Court dated 06.11.2006 and

appellants have not chosen to address the arguments.

Accordingly, appeal is dismissed for non prosecution.

Sd/-

JUDGE

kcm