Smt Sharadamma vs Sri B K Manjunath
2023 Latest Caselaw 8768 Kant

Karnataka High Court

Smt Sharadamma vs Sri B K Manjunath on 28 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                           NC: 2023:KHC:42933
                                                      MFA No. 6937 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD


                   MISCELLANEOUS FIRST APPEAL NO. 6937 OF 2021 (CPC)


                   BETWEEN:

                   1.    SMT SHARADAMMA
                         W/O. LATE. D C KRISHNAPPA
                         AGED ABOUT 70 YEARS.

                   2.    SMT. B K NIRMALA
                         D/O. LATE. D C KRISHNAPPA
                         AGED ABOUT 49 YEARS

                   3.    SMT. B K CHANDRAKALA
                         D/O. LATE. D C KRISHNAPPA
                         AGED ABOUT 49 YEARS
                         ALL ARE R/AT NO. 340
                         EWS, KHB COLONY, 5TH BLOCK
Digitally signed         KORAMANGALA, BENGALURLU 560095.
by
DHANALAKSHMI                                                     ...APPELLANTS
MURTHY
Location: High
                   (BY SRI. K.E.JAGADEESH., ADVOCATE [ABSENT])
Court of
Karnataka

                   AND:


                   SRI B K MANJUNATH
                   S/O. LATE. D C KRISHNAPPA
                   AGED ABOUT 48 YEARS
                   R/AT NO. 340, EWS
                   KHB COLONY, 5TH BLOCK
                   KORAMANGALA, BENGALURLU 560095
                                                               ...RESPONDENT
                                -2-
                                           NC: 2023:KHC:42933
                                         MFA No. 6937 of 2021




     THIS MFA IS FILED UNDER ORDER 43 RULE 1 (r) OF CPC
AGAINST THE ORDER DATED 01.10.2021 PASSED ON I.A.NO.4
IN OS.NO.5848/2020 ON THE FILE OF THE C/C XXXVII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CCH-38, DISMISSING THE I.A.NO.4 FILED UNDER ORDER 39
RULE 2(A) R/W SECTION 151 OF CPC.

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

                         JUDGMENT

This appeal is filed by the plaintiffs challenging the

order passed on applications filed under Order 39 Rule

2(a) of CPC, whereby the applications have been rejected

by order dated 01.10.2021.

2. This Court has ordered notice to the respondents

and the appellants have not paid process to issue notice to

the respondents, till today. Even the matter is posted for

orders on non-furnishing of PF. When the matter is called

in the morning session, none appeared for the appellants.

Even in the afternoon session also there is no

representation on behalf of the appellants. It appears that

the appellants are not interested in prosecuting the

appeal.

NC: 2023:KHC:42933

3. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

CM