K C Srinivasa Murthy vs The Bangalore Mahanagara Palike
2024 Latest Caselaw 18893 Kant

Karnataka High Court

K C Srinivasa Murthy vs The Bangalore Mahanagara Palike on 29 July, 2024

Author: S.G.Pandit

Bench: S.G.Pandit

                                                 -1-
                                                          NC: 2024:KHC:29807-DB
                                                            RFA No. 887 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 29TH DAY OF JULY, 2024
                                             PRESENT
                              THE HON'BLE MR JUSTICE S.G.PANDIT
                                                AND
                            THE HON'BLE MR JUSTICE C.M. POONACHA
                          REGULAR FIRST APPEAL NO. 887 OF 2013 (INJ)
                   BETWEEN:

                         K C SRINIVASA MURTHY
                         AGED ABOUT 66 YEARS,
                         S/O K. CHANDRASHEKARA GUPTA,
                         R/A NO.30, 4TH MAIN,
                         4TH CROSS, KUMARA PARK (WEST),
                         BANGALORE - 560 020.

                                                                       ...APPELLANT
                   (BY SRI.UMA SHANKAR, ADVOCATE)
                   AND:


Digitally signed   1.    THE BANGALORE MAHANAGARA PALIKE
by                       (NOW BANGALORE BRUHATH MAHANAGARA PALIKE)
MARIGANGAIAH             HAVING ITS OFFICE AT
PREMAKUMARI
                         CORPORATION BUILDING,
Location: HIGH
COURT OF                 HUDSON CIRCLE, BANGALORE - 560 001.
KARNATAKA                RREPRESENTED BY ITS CHAIMAN
                         (NOW AS COMMISSIONER)

                   2.    SRI. B.R. MANJA SHETTY
                         S/O SRI. RAJA SHETTY
                         SINCE DECEASED REPRESENTED BY ITS LEGAL
                         REPRESENTATIVE
                         A) SMT. ROOPA K.R.
                         W/O SRI. B.R. MANJA SHETTY
                         NOW AGED 41 YEARS,
                         RESIDING AT C/O SRI. HANUMANTHAPPA
                         NO.1166/58, 5TH MAIN, "A" BLOCK.
                         RAJAJINAGAR 2ND STAGE, BANGALORE - 560 010.
                               -2-
                                      NC: 2024:KHC:29807-DB
                                         RFA No. 887 of 2013




     ALSO RESIDING AT PENSION MOHALLA,
     CHICKMAGALUR - 577 101.

3.   B.M. KUMAR
     S/O B.R. MANJA SHETTY,
     AGED ABOUT 50 YEARS.

4.   SMT. C.M. JAYANTHI,
     W/O SRI. C.S. VIJAY KUMAR,
     D/O SRI. B.R. MANJA SHETTY
     AGED ABOUT 48 YEARS.

     THE RESPONDENTS 3 & 4 ARE
     R/AT "LAXMI NIVASA"
     PENSION MOHALLA, CHICKMAGALUR - 577 101.

                                              ...RESPONDENTS
(BY SRI. T JAYAPRAKASH FOR R1.,ADVOCATE)

     RFA FILED U/SEC.96 R/W ORDER 41 RULE 1 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 05.02.2013 PASSED
IN OS NO.7257/2002 ON THE FILE OF THE XXVII ADDL. CITY CIVIL
JUDGE, BANGALORE, DISMISSING THE SUIT FOR PERMANENT
INJUNCTION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE S.G.PANDIT
          and
          HON'BLE MR JUSTICE C.M. POONACHA

                     ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

This Court, on 18.06.2024 passed the following

order:

"Call this matter after two weeks finally, for filing of paper books in terms of the order dated 27.09.2018.

NC: 2024:KHC:29807-DB

Appellant is put to notice that in the case of non-compliance, the appeal stands dismissed for non-prosecution."

2. Till this date, paper books are not filed. We have no

option, but to pass the order as indicated in the order

dated 18.06.2024. The appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

Sd/-

JUDGE MPK