Mr G P Muralidhar vs Mrs K N Sharada
2024 Latest Caselaw 19904 Kant

Karnataka High Court

Mr G P Muralidhar vs Mrs K N Sharada on 7 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                      NC: 2024:KHC:31820
                                                   RFA No. 1910 of 2021




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 7TH DAY OF AUGUST, 2024

                                        BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL NO. 1910 OF 2021 (INJ)
            BETWEEN:

            1.    MR. G.P. MURALIDHAR,
                  S/O LATE K.C. PILLAPPA,
                  AGED ABOUT 46 YEARS,
                  RESIDING AT NO.863/21/2,
                  K.K. HEBBAR ROAD, 12TH MAIN ROAD,
                  5TH CROSS, HANUMANTHNAGAR,
                  BENGALURU - 19.

                  MR. K.C. MARISWAMY,
                  S/O LATE CHIKKANNA,
                  DEAD BY HIS LR'S.

            2.    MR. B.M. SRINATHA,
                  S/O LATE K.C. MARISWAMY,
                  AGED ABOUT 39 YEARS,
            3.    MR. B.M. CHANDRASHEKAR,
Digitally         S/O LATE K.C. MARISWAMY,
signed by
MALATESH          AGED ABOUT 44 YEARS,
KC                2 AND 3 ARE RESIDING AT NO.17,
Location:         HOYSALANAGARA, 15TH CROSS,
HIGH
COURT OF          SUNKADAKATTE PIPELINE ROAD,
KARNATAKA         BENGALURU - 91.

            4.    MR. P. BALAKRISHNA,
                  S/O LATE K.C. PUTTASWAMY,
                  AGED ABOUT 44 YEARS,
                  PRESENTLY RESIDING AT NO. 94,
                  KAVERINADI ROAD, BRUNDAVANNAGAR,
                  BENGALURU - 19.
                                                      ...APPELLANTS
            (BY SRI. RAJAGOPALA NAIDU, ADVOCATE (ABSENT))
                             -2-
                                        NC: 2024:KHC:31820
                                      RFA No. 1910 of 2021




AND:

    MRS. K.N. SHARADA,
    W/O M. LANKAPPA,
    D/O. N. NANJAPPA,
    AGED ABOUT 42 YEARS,
    RESIDING AT NO.54, HOUSE LIST NO.86,
    MUNICIPAL NO.879/763/577/60/3,
    NEAR ESHWARA TEMPLE, FORT,
    KENGERI VILLAGE AND HOBLI,
    BENGALURU SOUTH TALUK.
                                            ...RESPONDENT
(BY SRI. K. VIJAYA KUMAR, ADVOCATE)
     THIS RFA IS FILED UNDER SECTION 96 OF CPC, 1908
AGAINST THE JUDGMENT AND DECREE DATED 29.03.2021
PASSED IN OS.No.1852/2016 ON THE FILE OF THE X
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE,
DECREEING THE SUIT FOR INJUNCTION.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:      HON'BLE MR JUSTICE V SRISHANANDA


                       ORAL ORDER

None present on behalf of the appellants. Even on

the last date of hearing, there was no representation on

behalf of the appellants.

2. It is submitted by learned counsel for the

respondent that a suit for declaration and possession is

filed by the very same appellants which is now pending in

O.S.No.2833/2018.

NC: 2024:KHC:31820

3. In view of the same, nothing survives in the

present appeal. Accordingly, appeal is dismissed for non

prosecution.

Sd/-

(V SRISHANANDA) JUDGE

KAV

CT: BHK