Sri M Muniswamy vs Sri Gajendra
2023 Latest Caselaw 6962 Kant

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                                                    NC: 2023:KHC:35934
                                                  RFA No. 1234 of 2016




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 04TH DAY OF OCTOBER, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL No.1234 OF 2016(DEC/INJ)
              BETWEEN:

              SRI M MUNISWAMY
              S/O LATE MUNIYAN,
              AGED ABOUT 71 YEARS,
              RESIDING AT NO.1/1,(OLD NO.45)
              K.S.GARDEN, 3RD CROSS,
              LALBAGH ROAD,
              BANGALORE-560 027

              REPRESENTED BY
              GENERAL POWER OF ATTORNEY HOLDER

              SRI M BALASUBRAMANYAM,
              S/O SRI M MUNISWAMY,
              AGED ABOUT 50 YEARS
              RESIDING AT No.1/1,(OLD NO.45)
              K.S.GARDEN, 3RD CROSS,
Digitally
signed by R   LALBAGH ROAD,
MANJUNATHA    BANGALORE-560 027
Location:                                                 ...APPELLANT
HIGH COURT
OF            (BY SRI GURU PRASAD A
KARNATAKA     AND SMT.CHOWDAMMA.S, ADVOCATES)

              AND:

              1.    SRI GAJENDRA
                    S/O SRI VADAMALAI,
                    AGED ABOUT 51 YEARS
                    RESIDING AT PORTION NO.1/1,
                    K.S.GARDEN, 3RD CROSS,
                    LALBAGH ROAD,
                    BANGALORE - 560 027
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                                           NC: 2023:KHC:35934
                                         RFA No. 1234 of 2016




2.   KARNATAKA SLUM CLEARANCE BOARD
     SHESHADRIPURAM,
     BANGALORE-560 001
     REPRESENTED BY ITS SECRETARY
                                               ...RESPONDENTS
(BY SRI SRINIVAS BHAT, ADVOCATE FOR C/R1;
SRI J.PRASHANTH, ADVOCATE FOR R2)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96(1) OF CIVIL PROCEDURE CODE 1908, AGAINST THE
JUDGMENT AND DECREE DATED 18.11.2015 PASSED IN
O.S.NO.109/2008 ON THE FILE OF THE XL ADDL. CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT
FOR DECLARATION.

     THIS REGULAR FIRST APPEAL COMING ON                   FOR
ADMISSION, THIS DAY, THE COURT DELIVERED                   THE
FOLLOWING:
                         JUDGMENT

Case called twice. None present on behalf of appellant.

2. Appeal is pending since 2016, for admission. Even on

earlier dates of hearing, there was no representation on behalf

of the appellant.

3. Taking note of the fact that the rights of immovable

property is to be adjudicated in the appeal, this Court granted

sufficient time suo motu for the counsel for appellant to

address the arguments. Even today, there is no representation

NC: 2023:KHC:35934 RFA No. 1234 of 2016

on behalf of the appellant which shows that the appellant is not

interested in prosecuting the matter further.

Accordingly, appeal stands dismissed for non

prosecution.

Sd/-

JUDGE

kcm