A. Arasappa vs C. S. Srinivas Rao
2024 Latest Caselaw 4670 Kant

Citation : 2024 Latest Caselaw 4670 Kant
Judgement Date : 15 February, 2024

Karnataka High Court

A. Arasappa vs C. S. Srinivas Rao on 15 February, 2024

Author: H.P. Sandesh

Bench: H.P. Sandesh

                                                  -1-
                                                          NC: 2021:KHC:45827
                                                        MFA No. 6263 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 15TH DAY OF FEBRUARY, 2024

                                            BEFORE

                            THE HON'BLE MR JUSTICE H.P. SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 6263 OF 2018 (CPC)

                   BETWEEN:

                   1.     A. ARASAPPA
                          S/O. LATE AYYASWAMY,
                          AGED ABOUT 51 YEARS,
                          DECEASED BY HIS LRS.,

                   1(a) VIRUDAMBAL,
                        W/O. LATE A. ARASAPPA,
                        AGED ABOUT 48 YEARS,
                        R/AT NO.59/1, 7TH CROSS,
                        PIPELINE, MALLESHWARAM,
                        BANGALORE-560 003.

                   2.     UMA A.,
                          D/O. A. ARASAPPA,
                          AGED ABOUT 27 YEARS,
Digitally signed
by SHARANYA T
Location: HIGH     3.     CHITHRA A.,
COURT OF                  D/O. A. ARASAPPA,
KARNATAKA                 AGED ABOUT 25 YEARS,

                   4.     MURTHY A.,
                          S/O. A. ARASAPPA,
                          AGED ABOUT 24 YEARS,

                   5.     BHAGYALAKSHMI
                          D/O. A. ARASAPPA,
                          AGED ABOUT 21 YEARS,

                   6.     MANJU A.,
                          D/O. A.ARASAPPA,
                          AGED ABOUT 23 YEARS,
                                -2-
                                       NC: 2021:KHC:45827
                                     MFA No. 6263 of 2018




       ALL ARE RESIDING AT
       NO.59/1, 7TH CROSS,
       PIPELINE, MALLESHWARAM,
       BANGALORE-560 003.
                                            ...APPELLANTS

         (BY SRI. VENKATESH P. DALWAI, ADVOCATE)

AND:

1.   C.S.SRINIVAS RAO
     S/O. C. SUBBARAO,
     AGED ABOUT 80 YEARS,

2.   C. S. MANJUNATH
     S/O. C.S. SRINIVAS RAO,
     AGED ABOUT 49 YEARS,

     BOTH ARE RESIDING AT
     BANDIKODIGE HALLI VILLAGE,
     B.K. HALLI POST,
     BANGALORE EAST TALUK.
                                          ...RESPONDENTS

         (BY SRI. R. PUSHPAHASA, ADVOCATE FOR R2;
               VIDE ORDER DATED 15.12.2020
         APPEAL IS DISMISSED AGAINST R1 [ABSENT])


       THIS MFA IS FILED U/O.43 RULE 1(C) OF CPC, AGAINST
THE ORDER DT.02.04.2018 PASSED ON MISC.NO.14/2016 ON
THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, DEVANAHALLI,
DISMISSING THE PETITION FILED U/O.9 R/W SEC.151 OF CPC.


       THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                               -3-
                                            NC: 2021:KHC:45827
                                         MFA No. 6263 of 2018




                          JUDGMENT

Learned counsel for the appellants would submit that he

has given NOC to the appellants two years back and this Court,

having taken note of the fact that learned counsel for the

appellants is not pursuing the matter, on the previous date of

hearing on 01.02.2024, when the learned counsel for the

appellants did not appear before the Court, made it clear that,

if the learned counsel for the appellants does not appear on the

next date of hearing, the appeal will be dismissed.

2. Now, learned counsel for the appellants submits

that he has not maintained any records for having given NOC to

the appellants. When the learned counsel for the appellants

submits that he has given NOC two years back and when the