Sri Late Bhaskar Nair vs Indian Overseas Bank
2023 Latest Caselaw 8742 Kant

Karnataka High Court

Sri Late Bhaskar Nair vs Indian Overseas Bank on 28 November, 2023

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                           NC: 2023:KHC:43501
                                                      RFA No. 858 of 2009




                   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.858 OF 2009
              BETWEEN:

                    SRI LATE BHASKAR NAIR
                    S/O LATE RAMAN NAIR,
                    NOW DEAD REPRESENTED BY

              1.    SMT A LEELA
                    W/O LATE BHASKAR NAIR,
                    AGED ABOUT 79 YEARS,

              2.    SRI R B VIDYADHARA
                    S/O LATE BHASKAR NAIR,
                    AGED ABOUT 35 YEARS

                    BOTH ARE RESIDING AT
                    NO.17, 9TH MAIN ROAD,
                    II STAGE, BINNY LAYOUT, VIJAYANAGAR
                    BANGALORE - 560040
                                                                ...APPELLANTS
Digitally
signed by R   (BY SRI V.R.BALARAJ, ADVOCATE -ABSENT)
MANJUNATHA
Location:     AND:
HIGH COURT
OF
KARNATAKA     1.    INDIAN OVERSEAS BANK
                    EAST END MAIN ROAD BRANCH
                    9TH BLOCK, JAYANAGAR
                    BANGALORE
                    REPRESENTED BY ITS MANAGER


              2.    M/s CONSOLIDATED HOUSE HOLDS
                    NO.393, I E CROSS, V MAIN, II PHASE,
                    BHANSHANKARI III STAGE
                                 -2-
                                             NC: 2023:KHC:43501
                                            RFA No. 858 of 2009




     BANGALORE-560 085
     REPRESENTED BY PROPRIETOR

3.   M BHASKAR SRIVATSA
     S/O SRI RAMAN
     NO.393, I E CROSS, V MAIN, II PHASE,
     BHANASHANKARI III STAGE
     BANGALORE - 560 085
                                                 ...RESPONDENTS
(R1 -SERVED;
VIDE ORDER DATED 18.10.2010 R2 AND R3 ARE DELETED)
     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 18.08.2009 PASSED IN EX.P.No.1399/1994 ON
THE FILE OF THE II ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE, DISMISSING THE APPLICATION FILED BY THE
OBJECTORS U/O XXI RULES 58, 59, 90, 97, 98, 100, 103 AND
104 R/W SECTION 151 OF CPC.

    THIS REGULAR FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
                              ORDER

Case called twice.

None present for the appellants.

Though sufficient time has been granted to the appellants to address the arguments, they have failed to appear and prosecute the appeal. Appeal is of the year 2009, yet to be admitted.

Taking note of the conduct of the appellants, appeal is dismissed for non prosecution.

Sd/-

JUDGE kcm