Sri Lakshmi Narasimhamurthy vs Sri C R Chennabasappa
2024 Latest Caselaw 5136 Kant

Karnataka High Court

Sri Lakshmi Narasimhamurthy vs Sri C R Chennabasappa on 20 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                           -1-
                                                        NC: 2024:KHC:7013
                                                      RFA No. 430 of 2017




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                         BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                       REGULAR FIRST APPEAL NO. 430 OF 2017 (RES)
                 BETWEEN:

                 1.    SRI LAKSHMI NARASIMHAMURTHY
                       SINCE DEAD BY LRS

                 1(a) SMT. K N KAMALA
                     W/O LATE LAKSHMI NARASIMHAMURTHY
                     AGED ABOUT 62 YEARS.

                 1(b) SMT. K.S. PRABHAVATHI
                      W/O LATE LAKSHMI NARASIMHAMURTHY
                      AGED ABOUT 62 YEARS.

                    1(c) SRI. GURU SIMHAMURTHY
                         S/O LATE LAKSHMI NARASIMHAMURTHY
                         AGED ABOUT 31 YEARS
                         R/AT NO.112/7, GROUND FLOOR
Digitally signed by      15TH CROSS, VYALIKAVAL
HEMALATHA A              BANGALORE-560 003.
Location: High                                               ...APPELLANTS
Court of
Karnataka
                 (APPELLANTS ABSENT)

                 AND:

                 SRI C R CHENNABASAPPA
                 S/O LATE RAJAPPA SHETTY
                 AGED ABOUT 63 YEARS
                 R/AT NO.34, 1ST CROSS
                 NAGARABHAVI II STAGE, BANGALORE-560 072.
                                                             ...RESPONDENT
                 (BY SRI. RAVISHANKAR S.,ADVOCATE FOR C/R)
                                -2-
                                             NC: 2024:KHC:7013
                                           RFA No. 430 of 2017




     THIS RFA IS FILED UNDER SECTION 96 OF CPC,1908
AGAINST THE JUDGMENT AND DECREE DATED 1.12.2016
PASSED IN OS NO.4400/2010 ON THE FILE OF THE XXV ADDL.
CITY CIVIL AND SESSIONS JUDGE, BANGALORE. PARTLY
DECREEING THE SUIT FOR EJECTMENTIN TIME.

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

                          JUDGMENT

This Court, on 30.01.2024 passed the following

order:

"The learned advocate appearing for the respondent, Shri Ravishankar S., submits that this is a defendants appeal. After passing of the impugned order by the trial court, plaintiff has filed execution case and through process of the court has taken possession of the property.

Court-notice was sent to the appellants. However, it has returned with an endorsement that they are not residing in the given address.

Finally, a week's time is granted. In the meanwhile, the appellants to appear, otherwise, appropriate orders would be passed on the next date."

2. Today, when the matter is called, neither the

appellant is present nor he has engaged any counsel. It

NC: 2024:KHC:7013

appears that the appellant is not interested in prosecuting

the appeal.

3. Hence, this appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

CM