Mr R Mallikarjuna vs Smt R Kathyayini
2023 Latest Caselaw 6727 Kant

                                                    -1-
                                                                NC: 2023:KHC:34464
                                                                   RFA No. 1 of 2017




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 22ND DAY OF SEPTEMBER, 2023

                                                 BEFORE
                                  THE HON'BLE MR JUSTICE K.NATARAJAN
                               REGULAR FIRST APPEAL NO. 1 OF 2017 (PAR)
                       BETWEEN:

                       1.   MR R MALLIKARJUNA
                            S/O LATE B RUDRAIAH,
                            AGED ABOUT 62 YEARS,
                            R/AT NO.7, RAILWAY PARALLEL ROAD,
                            NEHRU NAGAR,
                            BENGALURU - 560 020.
                                                                         ...APPELLANT

                       (BY SRI. JAGADEESH MUNDARAGI, ADVOCATE - ABSENT)

                       AND:

                       1.   SMT R KATHYAYINI
                            D/O LATE B RUDRAIAH,
                            AGED ABOUT 36 YEARS,
                            ADDRESS AS GIVEN IN THE COURT BELOW,
                            NO.7, RAILWAY PARALLEL ROAD,
                            NEHRU NAGAR,
                            BENGALURU - 560 020.
Digitally signed by
BHAVANI BAI G
Location: High Court
of Karnataka                AND THE CORRECT ADDRESS IS
                            NO.62, 1ST CROSS,
                            3RD STAGE, 4TH BLOCK,
                            BASAVESWARANAGAR,
                            BENGALURU - 560 079.
                                                                       ...RESPONDENT
                       (BY SRI. B.M. HALASWAMY, ADVOCATE - ABSENT)
                             THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
                       THE ORDER DATED 7.9.2016 PASSED IN F.D.P.NO.169/2012 ON THE
                       FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
                       BENGALURU, AWARDING 1/6TH SHARE IN THE SUIT PROPERTY AS
                       PER PROPOSAL NO.1 OF THE HAND SKETCH MAP OF THE COURT
                       COMMISSIONER.
                                    -2-
                                                 NC: 2023:KHC:34464
                                                  RFA No. 1 of 2017




     THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                             JUDGMENT

Learned counsel for the appellant remained absent

continuously and even today, in the morning as well as in the

after session. Though the learned counsel for the respondent

present in the morning session but remained absent in the

afternoon session.

2. This matter is pending from almost six years. The

learned counsel for the appellant is not showing any interest for

arguing the appeal and he has always remained absent and

dragging the matter which reveals that the appellant is not

interested to prosecute the matter.

3. Hence, there is no other option instead of

dismissing the appeal for non prosecution.

4. Accordingly, the appeal is dismissed for non

prosecution.

Sd/-

JUDGE