Y Thimmarayappa S/O Y Thimmappa vs M/S Famous Auto Financiers (Regd)
2023 Latest Caselaw 6911 Kant

                                              -1-
                                                          NC: 2023:KHC:35733
                                                          RFA No. 29 of 2009




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 03RD DAY OF OCTOBER, 2023

                                            BEFORE
                           THE HON'BLE MR JUSTICE V SRISHANANDA
                             REGULAR FIRST APPEAL No.29 OF 2009
                   BETWEEN:

                          Y THIMMARAYAPPA
                          S/O Y THIMMAPPA

                   1(a) SMT.JAGADAMBA
                        W/O LATE Y.THIMMARAYAPPA
                        AGED ABOUT 65 YEARS

                   1(b) BALAJI PRASAD
                        S/O LATE Y.THIMMARAYAPPA
                        AGED ABOUT 45 YEARS
                        NO.303, 3RD FLOOR, 'B' BLOCK
                        ADITYA ELIGT APARTMENTS
                        B.S.MAQTA ROAD, SOMAJIGUDA
                        HYDERABAD, 500016

                   1(c)   SMT.DR.SHARADHA PRABUJI
Digitally signed
by R
                          W/O DR.PRABUJI
MANJUNATHA
Location:
                          AGED ABOUT 40 YEARS
HIGH COURT
OF                        NO.57, GYATHIRI DEVI PARK
KARNATAKA
                          EXTENSION,
                          OPPOSITE STELLA MARIES SCHOOL
                          BANGALORE - 560 003

                   1(d) DR.VENKATESH YEDDULA
                        S/O LATE Y.THIMMARAYAPPA
                        AGED ABOUT 38 YEARS

                   1(e) DR.MURALIDAR YEDDULA
                        S/O LATE Y.THIMMARAYAPPA
                        AGED ABOUT 35 YEARS
                            -2-
                                       NC: 2023:KHC:35733
                                       RFA No. 29 of 2009




       PROPOSED APPELLANT No.1(a) 1(d) and 1(e)
       ARE RESIDING AT
       NO.738, 12TH MAIN ROAD
       3RD BLOCK, RAJAJINAGARA
       BANGALORE - 560 010
                                             ...APPELLANTS
(BY SRI K SRINIVASA GOWDA AND
SRI B.S.BUDIHAL, ADVOCATES)
AND:

1.   M/S FAMOUS AUTO FINANCIERS (REGD.)
     No.175, BHARATH COMPLEX,
     AS CHAR STREET,
     BANGALORE -53
     REPRESENTED BY ITS PARTNER
     MR A.A.GUPTA

2.   M/S ARVIND AUTO FINANCIERS (REGD)
     NO.16, SRINIVASA BUILDINGS,
     PENUGOND ROAD,
     HINDPUR 515 201
     REPRESENTED BY ITS PARTNER
     K.N.SRIRAMACHANDRA GUPTA
                                          ...RESPONDENTS
(BY SRI GURURAJ.R, ADVOCATE FOR R1;
VIDE ORDER DATED 05.08.2016 APPEAL DISMISSED AS
AGAINST R2)


     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 19.11.1999 PASSED IN O.S.No.2997/1986 ON
THE FILE OF THE XVIII ADDL.CITY CIVIL JUDGE, BANGALORE,
DISMISSING    THE     SUIT   FOR     DECLARATION   AND
CONSEQUENTIAL INJUNCTION.

     THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                    -3-
                                               NC: 2023:KHC:35733
                                               RFA No. 29 of 2009




                             JUDGMENT

Case called twice. None present on behalf of the

appellants.

There is delay of 3247 days in filing the appeal.

Appellants have not chosen to come forward and address

arguments on the application seeking condonation of delay,

despite granting sufficient time.

Accordingly, appeal stands dismissed for non

prosecution.

Sd/-

JUDGE

kcm