A. Ramachandra Reddy vs Moolendra Kumar Gandhi
2023 Latest Caselaw 6656 Kant

                                         -1-
                                                  NC: 2023:KHC:34117
                                                RFA No. 1049 of 2015




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 20TH DAY OF SEPTEMBER, 2023

                                       BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL No.1049 OF 2015 (RES)
            BETWEEN:

            A. RAMACHANDRA REDDY
            S/O LATE V. ANJAN REDDY
            AWGED ABOUT 66 YEARS,
            RESIDING AT NO.41, II CROSS,
            MALLESWARAM
            BANGALAORE.
                                                        ...APPELLANT
            (BY SRI RAGHU HULIKAL (NOC), ADVOCATE)

            AND:

            1.    MOOLENDRA KUMAR GANDHI
                  S/O MULCHAND GANDHI
                  AGED ABOTU 60 YEARS,
Digitally
signed by
MALATESH    2.    SMT. BABY KUMARI GANDHI
KC                D/O AMITHLAL
Location:         AGED ABOUT 48 YEARS,
HIGH
COURT OF
KARNATAKA         BOTH RESIDING AT
                  C/O MICRO STRIPS
                  AVALAHALLI,
                  TIMBER YARD LAYOUT
                  MYSORE ROAD
                  BANGALORE-560 026.

            3.    NARAYANAMMA
                  W/O LATE V. ANJAN REDDY
                  AGED ABOUT 88 YEARS,
                  RESIDING AT No.41, II CROSS
                                -2-
                                              NC: 2023:KHC:34117
                                         RFA No. 1049 of 2015




     MALLESWARAM
     BANGALORE.
                                                 ...RESPONDENTS
(VIDE ORDER DATED 18.08.2023,           APPEAL     AGAINST     R1
STANDS DISMISSED AS ABATED;
R2 AND R3 NOTICE NOT ISSUED- P.F NOT PAID)
      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
CIVIL PROCEDURE CODE AGAINST THE ORDER DATED 31.03.2015
PASSED IN F.D.P.No.16/2007 ON THE FILE OF THE VI ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY, PARTLY
ALLOWING THE PETITION FILED UNDER ORDER XX RULE 12 OF
CIVIL PROCEDURE CODE

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

Case called twice.

None present on behalf of appellant. Even on previous

date of hearing, there was no representation on behalf of

appellant and this Court, suo motu, adjourned the matter to

today for taking appropriate steps to issue notice to respondent

Nos.2 and 3. Appeal against respondent No.1 stood dismissed

as abated, as no proper steps were taken to bring the legal

representatives of deceased respondent No.1, on record.

2. Accordingly, appeal is dismissed for non prosecution.

Sd/-

JUDGE kcm