Karnataka High Court
Sri Arogyaswamy vs Sri Jojappa @ Joseph Since ... on 19 September, 2023
Bench: V Srishananda
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NC: 2023:KHC:34038
RFA No. 2132 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.2132 OF 2007(DEC/INJ)
BETWEEN:
1. SRI AROGYASWAMY
AGED ABOUT 71 YEARS
S/O LATE ABBAIAH @ CHINNAPPA
SINCE DEAD BY LEGAL REPRESENTATIVES
1(a) SMT.ROSY MARY
AGED ABOUT 64 YEARS
W/O LATE AROGYASWAMY
1(b) SMT.LUVISA RANI
AGED ABOUT 45 YEARS
D/O LATE AROGYASWAMY
Digitally
signed by R
MANJUNATHA 1(c) SRI YESU REDDY
Location: AGED ABOUT 42 YEARS
HIGH COURT
OF S/O LATE AROGYASWAMY
KARNATAKA
1(d) SRI PRASAD KUMAR
AGED ABOUT 40 YEARS
S/O LATE AROGYASWAMY
1(e) SRI DOMNIC
AGED ABOUT 38 YEARS
S/O LATE AROGYASWAMY
ALL ARE RESIDING AT
No.113/9, MEGINAPALYA
CHELKERE
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NC: 2023:KHC:34038
RFA No. 2132 of 2007
KALYAN NAGAR
BANGALORE- 560 043
2. SRI BURNAD
AGED ABOUT 48 YEARS
S/O LATE ABBAIAH @ CHINNAPPA
SINCE DEAD BY LEGAL REPRESENTATIVES
2(a) SRI ANTHONY SWAMY
AGED ABOUT 40 YEARS
S/O LATE C.BURNAD
2(b) SMT.KANIKYAMERI
AGED ABOUT 38 YEARS
D/O LATE C.BURNAD
2(c) SMT.SHAILA
AGED ABOUT 31 YEARS
D/O LATE BURNAD
ALL ARE RESIDING AT No.43,
MEGINAPALYA, CHELKERE
KALYAN NAGAR
BANGALORE - 560 043
3. SRI C UDAYARAJ
AGED ABOUT 45 YEARS
S/O LATE ABBAIAH @ CHINNAPPA
4. SRI ANDREWS BALARAJ
AGED ABOUT 43 YEARS
S/O LATE ABBAIAH @ CHINNAPPA
5. SRI THOMAS
AGED ABOUT 38 YEARS
S/O LATE ABBAIAH @ CHINNAPPA
3 TO 5 ARE RESIDING AT
CHELEKERE VILLAGE
KALYANANAGARA POST
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NC: 2023:KHC:34038
RFA No. 2132 of 2007
BANGALORE -560 043
...APPELLANTS
(BY SRI M V CHANDRASHEKARA REDDY, ADVOCATE -ABSENT)
AND:
1. SRI JOJAPPA @ JOSEPH
SINCE DECEASED BY HIS LEGAL REPRESENTATIVES
1(b) SRI SANJOGAPPA
AGED ABOUT 40 YEARS
S/O LATE JOJAPPA
1(c) SANDHIAGAPPA @ JOSEPH
AGED ABOUT 35 YEARS
S/O LATE JOJAPPA
2. SMT CHINNAMMA
AGED ABOUT 60 YEARS
W/O JOGAPPA @ JOSEPH
ALL ARE RESIDING AT NO.76,
MEGANAPALYA, JODICHALLAKERE DAKALE,
K R PURAM HOBLI,
BANGALORE SOUTH TALUK
...RESPONDENTS
[BY SRI VINAY KUTTAPPA FOR
SRI BASAVARAJU.P, ADVOCATES R1(A-B);
R2 -SERVED]
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W ORDER 41 RULE 1 OF CIVIL PROCEDURE CODE
AGAINST THE JUDGMENT AND DECREE DATED 31.8.2007
PASSED IN O.S.NO.453/1991 ON THE FILE OF THE VII
ADDITIONAL CITY CIVIL JUDGE, BANGALORE (CCH-19),
DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:34038
RFA No. 2132 of 2007
JUDGMENT
Case called twice. None present on behalf of the
appellants.
2. Learned counsel for the contesting respondent Sri Vinay
Kuttappa for Sri Basavaraju P., submits that appeal was
dismissed for default once in the year 2019. At the request of
the appellants, appeal was restored and even thereafter,
appellants have not chosen to prosecute the appeal properly.
3. Placing the submission of learned counsel for the
respondents on record, appeal stands dismissed for non
prosecution.
Sd/-
JUDGE
MR
