R Ramesh vs Rathnamma
2024 Latest Caselaw 1082 Kant

Karnataka High Court

R Ramesh vs Rathnamma on 11 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                              -1-
                                                              NC: 2024:KHC:1438
                                                         RFA No. 2181 of 2019



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF JANUARY, 2024

                                            BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                           REGULAR FIRST APPEAL NO. 2181 OF 2019


                   BETWEEN:

                   R RAMESH
                   S/O LATE SRI RANGAPPA
                   AGED ABOUT 42 YEARS
                   R/A NO 51, 2ND MAIN ROAD
                   2ND CROSS, L G RAMANA LAYOUT
                   LAGGERE BENGALURU -560058
                                                                   ...APPELLANT
                   (BY SRI. M. SRINIVASA MURTHY., ADVOCATE)

                   AND:

                   SMT. RATHNAMMA
                   W/O SRI JAYANNA
                   AGED ABOUT 56 YEARS
                   R/A NO 533, 14TH MAIN,
Digitally signed
by                 3RD CROSS, 4TH BLOCK,
DHANALAKSHMI       NANDINI BADAVANE
MURTHY             BENGALURU - 560096
Location: High                                                   ...RESPONDENT
Court of
Karnataka          (BY SMT. S B LAKSHMI.,ADVOCATE C/R)

                        THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI
                   RULES 1 151 OF CPC AGAINST THE JUDGMENT AND DECREE
                   DATED: 03.09.2019 PASSED IN OS.NO.3261/2012 ON THE FILE
                   OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
                   BENGALURU,    DISMISSING   THE  SUIT   FOR   PERMANENT
                   INJUNCTION.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                              -2-
                                             NC: 2024:KHC:1438
                                       RFA No. 2181 of 2019



                         JUDGMENT

Inspite of granting sufficient time, the appellant has

neither complied with the office objections nor filed the

paper book. On 10.1.2024, when the matter was called

out, none appeared for the appellant and learned counsel

for respondent was present. Hence, as a last chance, the

matter was ordered to be listed on 11.1.2024 on top of the

list under orders for dismissal of appeal.

Even today when the matter was called out, none

appeared for the appellant. The learned counsel for the

respondent was present. It appears that the appellant is

not interested in prosecuting the case. Hence, the appeal

is dismissed for non-prosecution.

In view of dismissal of appeal, pending I.As., if any,

do not survive for consideration and accordingly, they are

dismissed.

Sd/-

JUDGE DM