Smt Sowbhagya vs The Bangalore Mahanagara Palike
2024 Latest Caselaw 4973 Kant

Karnataka High Court

Smt Sowbhagya vs The Bangalore Mahanagara Palike on 19 February, 2024

                                              -1-
                                                           NC: 2024:KHC:6978
                                                        RFA No. 1608 of 2010




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                            BEFORE
                             THE HON'BLE MR JUSTICE C M JOSHI
                      REGULAR FIRST APPEAL NO. 1608 OF 2010 (DEC)
                   BETWEEN:

                   1. SMT. SOWBHAGYA,
                      AGED ABOUT 58 YEARS
                      W/O LATE P CHANDRAPPA

                   2. SRI U.C ARUN,
                      AGED ABOUT 35 YEARS
                      S/O LATE P CHANDRAPPA

                   3. SMT. U C KUSUMA,
                      AGED ABOUT 29 YEARS,
                      D/O LATE P CHANDRAPPA

                      ALL R/AT NO.1348, 5TH CROSS,
                      4TH MAIN, 1ST STAGE, 2ND PHASE,
Digitally signed      CHANDRA LAYOUT,
by ANNAPURNA          VIJAYANAGARA,
G
Location: High
                      BANGALORE- 560 040.
Court of                                                       ...APPELLANTS
Karnataka

                   (BY SRI M S NARAYANA RAO, ADVOCATE [ABSENT])


                   AND:


                   1. THE BANGALORE MAHANAGARA PALIKE,
                      REP. BY ITS COMMISSIONER,
                      N.R.SQUARE, BANGALORE-560 002.
                             -2-
                                         NC: 2024:KHC:6978
                                     RFA No. 1608 of 2010




2. SMT. U C SUMA,
   W/O SOMASHEKAR,
   AGED ABOUT 33 YEARS,
   D/O LATE P CHANDRAPPA,
   R/AT NO. 65TH CROSS,
   RAJAJINAGAR,
   BANGALORE-560 010.
                                          ...RESPONDENTS

(BY SRI I.G GACHCHINAMATH, ADVOCATE FOR R1 [ABSENT];
SRI P. UDAYASHANKAR RAI, ADVOCATE FOR R2 [ABSENT]

     THIS RFA IS FILED U/S 96 R/W, O-XLI, R-1 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 31.05.2010
PASSED IN O.S.2716/2002 ON THE FILE OF THE XXVII-ADDL.
CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR
DECLARATION.

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

                       JUDGMENT

None appear for the appellants or the respondents.

2. There was no representation on behalf of the

appellants on 24-01-2024 as well as on 05-02-2024.

Much earlier, i.e. on 12-4-2017, this Court has passed the

following order:

"Finally, four weeks time granted to file the Paper books. Failing which the appeal stands

NC: 2024:KHC:6978

dismissed without further reference to the Bench."

3. Thereafter, even though the paper books were

filed by the appellants, they had not served the copy of

the paper books to the counsel for the respondents as per

order dated 05-02-2024. Therefore, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

tsn*