Smt Chowdamma W/O Late P Basappa vs The Bangalore Development Authority
2024 Latest Caselaw 3723 Kant

Karnataka High Court

Smt Chowdamma W/O Late P Basappa vs The Bangalore Development Authority on 7 February, 2024

                                                    -1-
                                                             NC: 2024:KHC:5248
                                                           RFA No. 174 of 2011




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 7TH DAY OF FEBRUARY, 2024

                                               BEFORE

                                 THE HON'BLE MR JUSTICE C M JOSHI

                            REGULAR FIRST APPEAL NO. 174 OF 2011 (INJ)

                      BETWEEN:

                      1.    SMT. CHOWDAMMA
                            AGED ABOUT 70 YEARS
                            W/O LATE P.BASAPPA

                      2.    SRI. B. NARASIMHAMURTHY
                            AGED ABOUT 47 YEARS
                            S/O LATE P.BASAPPA

                      3.    SRI. B. KRISHNAMURTHY
                            AGED ABOUT 45 YEARS
                            S/O LATE P.BASAPPA

                      4.    SMT. MANJULA
                            AGED ABOUT 37 YEARS
                            D/O LATE P.BASAPPA

Digitally signed by         ALL ARE RESIDING AT NAGASHETTYHALLI
ANNAPURNA G                 VILLAGE, KASABA HOBLI,
Location: High              BANGALORE NORTH TALUK,
Court of
Karnataka                   BANGALORE DISTRICT-560 094.
                                                                 ...APPELLANTS
                      (BY SRI. J. PRASHANT, ADVOCATE FOR A2 & A3 [ABSENT];
                          SRI. R.S.HEGDE, ADVOCATE FOR A1 & A4 [ABSENT])

                      AND:

                          THE BANGALORE DEVELOPMENT AUTHORITY,
                          BY ITS COMMISSIONER,
                          KUMARA PARK WEST,
                          BANGALORE-560 020.
                                                            ...RESPONDENT
                      (BY SRI. G.A.GOPI, ADVOCATE [ABSENT])
                                 -2-
                                              NC: 2024:KHC:5248
                                            RFA No. 174 of 2011




       THIS RFA IS FILED U/SEC.96, R/W, O-41, RULE-1 OF
CPC,        AGAINST      THE     JUDGMENT      AND      DECREE
DATED:16.09.2010 PASSED IN O.S.1783/2001 ON THE FILE OF
THE XVI-ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING
THE SUIT FOR THE PERMANENT INJUNCTION.


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


                               ORDER

None appears for the appellants or respondents.

2. It is noticed that, on 18.12.2019 there was no

representation for the appellants and therefore, the

peremptory order was passed with effect that if none

appears on 24.01.2020, the appeal would stand dismissed

for non prosecution. Thereafter, on 24.01.2020, the

matter was adjourned as not reached. Thereafter, on

16.03.2020, there was no representation for the

appellants. Again when the matter was listed on

24.01.2024, none had appeared for the appellants.

NC: 2024:KHC:5248

3. In view of the above, the appellants are not

interested in prosecuting the appeal.

Hence, the appeal is dismissed for non prosecution.

Sd/-

JUDGE

HKV