Smt Aruna vs Dr Naga Reddy
2024 Latest Caselaw 19160 Kant

Karnataka High Court

Smt Aruna vs Dr Naga Reddy on 31 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                 NC: 2024:KHC:30393
                                               RFA No. 1317 of 2021




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 31ST DAY OF JULY, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL No.1317 OF 2021 (RES)
            BETWEEN:

            1.    SMT. ARUNA
                  W/O SRI. PENCHAIAH
                  AGED ABOUT 52 YEARS

            2.    SMT. MANASA
                  D/O SRI. PENCHAIAH
                  AGED ABOUT 36 YEARS

                  APPELLANT NOS.1 AND 2
                  RESIDING AT PLATFORM ROAD
                  NEAR KRISHNA FLOOR MILL
                  SHESHADRIPURAM
                  BENGALURU-560 020
                                                      ...APPELLANTS

Digitally   (BY SRI. LOURDU MARIYAPPA A, ADVOCATE)
signed by
MALATESH    AND:
KC
Location:   1.    DR. NAGA REDDY
HIGH              S/O YANKANNA GOWDA
COURT OF
KARNATAKA         AGED ABOUT 44 YEARS
                  R/AT FLAT NO.117
                  RANKA NEST APARTMENT
                  FIRST FLOOR, FIRST BLOCK
                  35/1, KKS ROAD
                  OKALIPURAM
                  BENGALURU-560 020

            2.    SRI. SRIPATHY
                  S/O LATE PULLAIAH
                               -2-
                                           NC: 2024:KHC:30393
                                         RFA No. 1317 of 2021




     AGED ABOUT 62 YEARS
     R/AT NO.24, 1ST FLOOR
     PLATFORM ROAD
     NEAR KRISHNA FLOOR MILL
     SHESHADRIPURAM
     BENGALURU-560 020

3.   SRI. VENKATACHALAPATHY
     S/O LATE PULLAIAH
     AGED ABOUT 58 YEARS
     R/AT NO.12, GANGAMMA QUARTERS
     PLATFORM ROAD
     NEAR KRISHNA FLOOR MILL
     SHESHADRIPURAM
     BENGALURU-560 020
                                                  ...RESPONDENTS
(BY SRI. SHARATH KUMAR SHETTY, ADVOCATE FOR R1)

     THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
06.04.2021 PASSED IN OS.NO.5226/2018 ON THE FILE OF THE
XLIII ADDITIONAL CITY CIVIL      AND SESSIONS JUDGE
BENGALURU, DECREEING THE SUIT FOR POSSESSION AND
DAMAGES.

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


CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                      ORAL JUDGMENT

None present on behalf of the appellants.

2. Matter was listed from yesterday to today.

NC: 2024:KHC:30393

3. Learned counsel for the respondents has brought to the

notice of the court that mesne profit ordered by the Trial Court

in the impugned judgment and decree is not complied and, as

on today, more than ₹9,00,000/- is pending towards mesne

profit.

4. Time was granted from yesterday to today to make at

least reasonable amount towards mesne profits.

5. Since none appears for the appellants, appeal stands

dismissed for non prosecution.

Sd/-

(V SRISHANANDA) JUDGE

kcm