Sri N Nagaraj vs Smt Gowramma
2024 Latest Caselaw 19445 Kant

Karnataka High Court

Sri N Nagaraj vs Smt Gowramma on 2 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                    NC: 2024:KHC:30675
                                                  RFA No. 1678 of 2019




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 2ND DAY OF AUGUST, 2024

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL NO. 1678 OF 2019 (INJ)
            BETWEEN:

            1.    SRI N NAGARAJ
                  S/O. LATE. V. NANJAPPA,
                  AGED ABOUT 68 YEARS,
                  R/AT NO. 3/1, SHESHADRIPURAM,
                  BANGALORE 560020
                                                          ...APPELLANT
            (BY SRI. H.P.GANGESH GOWDA, FOR
                SRI. CHANDRA SHEKAR R., ADVOCATE)

            AND:

            1.    SMT GOWRAMMA
                  W/O. LATE. VENKATACHALAPATHY,
                  AGED ABOUT 65 YEARS,
                  R/AT NO. 3, 2ND CROSS,
                  RAMAKRISHNAIAH STREET,
Digitally         SHESHADRIPURAM, BANGALORE 560020.
signed by
KIRAN
KUMAR R
Location:
            2.    THE COMMISSIONER
HIGH              BANGALORE MAHANAGARA PALIKE,
COURT OF
KARNATAKA         BANGALORE-560 002.

            3.    THE EXECUTIVE EINGINEER
                  BMP GANDHINAGAR ZONE,
                  SHESHADRIPURAM, BANGALORE 560020.

            4.    THE JUNIOR ENGINEER
                  BMP, GANDHINAGAR ZONE,
                  BANGALORE-560009.
                                                       ...RESPONDENTS
                               -2-
                                           NC: 2024:KHC:30675
                                         RFA No. 1678 of 2019




        THIS RFA IS FILED UNDER ORDER 41 RULE 1 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED              25.04.2019
PASSED IN OS NO.15479/2006 ON THE FILE OF THE XIII
ADDL.CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT,
BENGALURU       PARTLY DECREEING THE SUIT FOR PERMANENT
AND MANDATORY INJUNCTION AND DECREEING THE COUNTER
CLAIM. THE APPELLANT IN THIS RFA IS AGGRIEVED IN SO FAR
AS DECREEING THE COUNTER CLAIM OF THE             DEFENDANT
NO.1.


        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:       HON'BLE MR JUSTICE V SRISHANANDA


                       ORAL JUDGMENT

Learned counsel for the appellant is absent.

2. Sri.H P Gangesh Gowda, learned counsel on

behalf of Sri.R Chandra Shekar, learned counsel for the

appellant seeks time. Sufficient time has already been

granted.

3. The office has raised objection with regard to

non filing of the copy of the counter claim so as to arrive

NC: 2024:KHC:30675

at the valuation. Appeal is of the year 2019 and till today

office objections are not complied.

4. Accordingly, the appeal stand dismissed for

non-prosecution.

Sd/-

(V SRISHANANDA) JUDGE

GSR