Sri Anantha vs Dr Sunitha D
2024 Latest Caselaw 25594 Kant

Karnataka High Court

Sri Anantha vs Dr Sunitha D on 28 October, 2024

                                              -1-
                                                           NC: 2024:KHC:43320
                                                            RFA No.103/2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 28TH DAY OF OCTOBER, 2024
                                            BEFORE
                      THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                          REGULAR FIRST APPEAL NO.103 OF 2019 (EJE)


                   BETWEEN:

                   SRI. ANANTHA
                   S/O LATE H.N. THIMMAIAH
                   AGED ABOUT 58 YEARS
                   NO 1/4-1, 1ST FLOOR, 3RD CROSS ROAD
                   SAMPANGIRAMANAGAR ROAD
                   BENGALURU - 560027.

Digitally signed                                                 ...APPELLANT
by RUPA V
Location: HIGH     (BY SRI. R.P. SOMASHEKHARAIAH, ADV., [ABSENT])
COURT OF
KARNATAKA
                   AND:

                   DR. SUNITHA .D
                   D/O DHANARAJ
                   AGED ABOUT 35 YEARS
                   R/AT NO.24/2, 20TH CROSS
                   KARAGAPPA GARDEN
                   MISSION ROAD
                   BENGALURU - 560027.

                                                               ...RESPONDENT
                   (BY SRI. K.K. VASANTH, ADV., FOR C/R)


                        THIS RFA IS FILED UNDER SEC.96 OF CPC., PRAYING TO
                   CALL FOR RECORDS. SET ASIDE JUDGMENT AND DECREE
                   DATED 05.07.2018 MADE IN O.S.3927/2014 ON THE FILE OF
                   THE XII ADDITIONAL CITY CIVIL JUDGE AT BENGALURU (CCH-
                   27) AND REMAND THE MATTER FOR FRESH DISPOSAL IN
                   ACCORDANCE WITH LAW & ETC.
                              -2-
                                          NC: 2024:KHC:43320
                                           RFA No.103/2019




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

CORAM:    HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL


                    ORAL JUDGMENT

There is no representation for the appellant.

2. Sri.K.K.Vasanth, learned counsel appearing for

the respondent submits that the appellant has not paid the

cost as per the order dated 04.11.2019. He further

submits that the appellant has filed a memo dated

07.01.2019 in Execution case No.3163/2018 wherein he

has undertook to vacate the premises within a period of

fifteen (15) days. It is further submitted that the Execution

Court has recorded that the appellant has sought fifteen

(15) days time to vacate the premises and later the

Execution Court has closed the execution petition stating

that the possession is delivered through the process of the

Court.

3. The said submission is placed on record.

NC: 2024:KHC:43320

4. It appears that in view of closure of the

execution case, the appellant is not interested in

prosecuting the present appeal. Hence, appeal is

dismissed for non-prosecution.

In view of dismissal of the appeal, pending

applications do not survive for consideration, accordingly

they are disposed of.

Sd/-

(VIJAYKUMAR A. PATIL) JUDGE

BSR