Jayan David Krishnan vs Ambuja
2024 Latest Caselaw 4255 Kant

Karnataka High Court

Jayan David Krishnan vs Ambuja on 12 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                 -1-
                                                               NC: 2024:KHC:5877
                                                             RFA No. 471 of 2016




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                              BEFORE
                            THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                           REGULAR FIRST APPEAL NO. 471 OF 2016 (DEC/POS)
                      BETWEEN:

                      JAYAN DAVID KRISHNAN
                      SON OF LATE C.K.KRISHNAN
                      AGED ABOUT 66 YEARS
                      NO.17/24, SPENCERS ROAD
                      BANGALORE-560005.
                      (REPRESENTED BY HIS DULY
                      CONSTITUTED POWER OF
                      ATTORNEY HOLDER MARIE KRIHSNAN
                      WIFE OF LATE C.K.KRISHNAN.
                                                                    ...APPELLANT
                      (BY SMT. KOKILA S.,ADVOCATE [ABSENT])

                      AND:

                      1.    AMBUJA
Digitally signed by         AGED 61 YEARS
HEMALATHA A                 WIFE OF JAYARAM
Location: High              PLOT NO.24, SY.NO.45/1
Court of Karnataka
                            HENNUR VILLAGE, KASABA HOBLI
                            BANGALORE NORTH TALUK.

                      2.    INDIRA GREEN
                            FORMELY INDIRA SYLVIA
                            AT HADITHI (NEE) Krishnan
                            AGED ABOUT 60 YEARS
                            WIFE OF DAVID GREEN
                            NO.17/24, SPENCER ROAD CROSS,
                            FRAZER TOWN, BANGALORE-560005.
                                                                 ...RESPONDENTS
                      ( NOTCE TO RESPONDENTS IS UNSERVED)
                             -2-
                                         NC: 2024:KHC:5877
                                       RFA No. 471 of 2016




     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 14.12.2015
PASSED IN OS NO.7454/1995 ON THE FILE OF THE III ADDL.
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.25),
DISMISSING THE SUIT FOR DECLARATION AND POSSESSION.

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

                       JUDGMENT

This Court issued notice to respondent Nos. 1 and 2

on 01.06.2018. Notice issued earlier to respondent No.1

returned with the postal shara 'no such house in this

address'. In respect of respondent No.2, no

acknowledgment is received. Thereafter, this Court

granted time to the appellant to do the needful by orders

dated 26.06.2023, 31.07.2023, 06.10.2023, 13.10.2023

and 26.10.2023. The appellant has not chosen to appear

and furnish fresh process fee, so as to issue notice to the

respondents.

2. Even today, when the matter was called in the

morning session, none appeared for the appellant. Even in

the afternoon session also, there is no representation on

NC: 2024:KHC:5877

behalf of the appellant. It appears that the appellant is

not interested in prosecuting the appeal.

3. The appeal is dismissed for non-prosecution.

Sd/-

JUDGE

CM