Mr Shankar S R vs Sri Rajan Sam
2023 Latest Caselaw 6657 Kant

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                                                     NC: 2023:KHC:34121
                                                   RFA No. 1390 of 2014




                 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. 1390 OF 2014 (DEC/INJ)
            BETWEEN:

            1.    MR. SHANKAR S. R,
                  S/O LATE RAMAIAH @ RAMANJAPPA,
                  AGED ABOUT 42 YEARS,
                  RESIDING AT NO.314, 1ST BLOCK,
                  15TH MAIN, 3RD STAGE,
                  BASAVESHWARANAGAR,
                  BANGALORE - 560 079.

            2.    SMT. CHINNAMMA ,
                  W/O LATE RAMAIAH,
                  AGED ABOUT 64 YEARS,
                  R/AT 314, 15TH MAIN,
                  3RD STAGE, 1ST BLOCK,
                  BASAVESHWARNAGAR,
Digitally         BANGALORE - 560 079.
signed by
MALATESH
KC
                                                          ...APPELLANTS
Location:
HIGH        (A1 AND A2 ABSENT)
COURT OF
KARNATAKA
            AND:

            1.    SRI. RAJAN SAM,
                  S/O LATE M. M. SAMUEL,
                  AGED ABOUT 67 YEARS,
                  R/AT NO.3, CHANCELLOR'S COURT,
                  O'SHANGANESY ROAD, LANGFORD GARDEN
                  BANGALORE - 560 025.
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                                       NC: 2023:KHC:34121
                                     RFA No. 1390 of 2014




     REPRESENTED BY HIS & GPA HOLDER,
     SRI. HARISH SAM RAJAN,
     S/O RAJAN SAM,
     AGED ABOUT 35 YEARS,
     R/AT NO.51, 5TH CROSS,
     P & T LAYOUT, HORAMAVU MAIN ROAD,
     BANGALORE - 560 043.

2.   MR. SATHYANARAYANA @ SATHYAPPA,
     S/O LATE RAMANJNAIAH @ RAMANJANAPPA,
     AGED ABOUT 62 YEARS,
     R/AT NO.9, BHOVI-PALYA
     1ST FLOOR, MAHALAKSHMI LAYOUT
     BANGALORE - 560 096.

3.   MR. KANAKARAJ S.R,
     S/O LATE RAMAIAH,
     AGED ABOUT 44 YEARS,
     R/AT 314, 15TH MAIN, 3RD STAGE
     1ST BLOCK, BASAVESHWARANAGAR,
     BANGALORE - 560 079.
                                          ...RESPONDENTS
(BY SRI. M. A. SEBASTIAN, ADVOVATE AND
     SRI. P. RAVEENDRAN, ADVOCATE FOR R1;
     SRI. P. SURAJ PATIL, ADVOCATE FOR R3;
     VIDE ORDER DATED 11.12.2014 NOTICE TO R2 IS
     DISPENSED WITH)

      THIS RFA IS FILED U/O-41, RULE-1, RW/SEC.96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED: 28.07.2014
PASSED IN O.S.534/2012 ON THE FILE OF THE XLIV-ADDL.
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING
THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
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                                        NC: 2023:KHC:34121
                                      RFA No. 1390 of 2014




      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Court notice issued to appellant Nos.1 and 2 is

returned with an endorsement 'insufficient address'.

2. The matter was remanded from the Hon'ble Apex

Court and thereafter, learned counsel for the appellant

filed a memo for retirement. This court after taking note

of the contents of the retirement memo, permitted the

learned counsel to retire from the case and by way of

abundant caution issued court notice to the appellants.

3. Left with no other alternative, appeal stands

dismissed for non prosecution.

Sd/-

JUDGE

KAV

CT: BHK