Sri G N Vishwanath vs Smt. Tulasi Bai
2024 Latest Caselaw 4069 Kant

Karnataka High Court

Sri G N Vishwanath vs Smt. Tulasi Bai on 9 February, 2024

                                       -1-
                                                   NC: 2024:KHC:5696
                                                 RFA No. 270 of 2011




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 9TH DAY OF FEBRUARY, 2024

                                     BEFORE
                      THE HON'BLE MR JUSTICE C M JOSHI
               REGULAR FIRST APPEAL NO. 270 OF 2011 (DEC/INJ)
             BETWEEN:

             1. SRI G N VISHWANATH.
                AGED ABOUT 54 YEARS.

             2. SRI G N SHANKAR,
                AGED ABOUT 52 YEARS.

             3. SRI G N RAMESH,
                AGED ABOUT 42 YEARS.

             4. SRI G N ARUN KUMAR,
                AGED ABOUT 34 YEARS.

                ALL ARE R/AT NO.6, 12TH CROSS,
                RANGASWAMY TEMPLE STREET,
                BANGALORE-560 053.
                & ALSO C/O ARUN LODGE,
                LAKSHMANRAO ROAD, BVK
Digitally signedIYENGAR ROAD, BANGALORE-53.
by                                                   ...APPELLANTS
ANNAPURNA G (BY SRI M R VIJAYARAGHAVAN, ADVOCATE [ABSENT])
Location: High
Court of         AND:
Karnataka
                 1. SMT. TULASI BAI,
                    W/O LATE KRISHNASA,
                    AGED ABOUT 77 YEARS.

             2. SRI K R VITTAL,
                AGED ABOUT 72 YEARS.

             3. SRI K R VENKATESH,
                AGED ABOUT 69 YEARS.
                            -2-
                                        NC: 2024:KHC:5696
                                      RFA No. 270 of 2011




4. SRI K R NAGARAJ,
   AGED ABOUT 66 YEARS.

   R-1 TO 4 ALL ARE S/O
   LATE KALBURGI RAMASWAMYSA,
   ALL R/AT NO.47/49, ARMUGAM
   MUDALIAR ROAD, BASETTYPET,
   BVK IYENGAR ROAD,
   BANGALORE-560 053
                                        ...RESPONDENTS
(BY SRI N JAIPRAKASH RAO, ADVOCATE FOR R3, R1, R2 & R4
    [ABSENT])

     THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 15.09.2010 PASSED IN
O.S.16540/2003 ON THE FILE OF THE V-ADDITIONAL CITY
CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR
PERMANENT INJUNCTION.

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

None appear for the appellants as well as the

respondents.

2. On 25-01-2024 also none had appeared for the

appellants. This Court had passed the following order on

25-1-2024:

"It is seen from the records that the matter was not listed since 03-06-2016.

None appears for the appellants.

NC: 2024:KHC:5696

Learned counsel for the respondents is present.

Therefore, as a last and final chance, list this matter during the 2nd week of February, 2024 and it is made clear that if there is no representation on the next date of hearing, the appeal would stands dismissed."

3. Despite the peremptory order passed by this

Court, none have appeared for the appellants today.

4. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

tsn*