Anantha Sishu Nivasa vs Sri. Srinivasa
2024 Latest Caselaw 25791 Kant

Karnataka High Court

Anantha Sishu Nivasa vs Sri. Srinivasa on 30 October, 2024

                                                              -1-
                                                                       NC: 2024:KHC:44112
                                                                      RFA No. 215 of 2019




                                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                        DATED THIS THE 30TH DAY OF OCTOBER, 2024

                                                         BEFORE
                                          THE HON'BLE MR JUSTICE UMESH M ADIGA
                                        REGULAR FIRST APPEAL NO. 215 OF 2019 (INJ)
                                 BETWEEN:

                                 ANANTHA SISHU NIVASA,
                                 NO.1/A, 5TH MAIN ROAD,
                                 N.R. COLONY,
                                 BENGALURU-560 019.
                                 REP. BY ITS PRESENT SECRETARY,
                                 SRI. S.N UMASHANKAR,
                                 AGED ABOUT 63 YEARS,
                                 S/O S.N. MURTHY.

                                                                               ...APPELLANT
                                 (BY SRI. ABHINAV RAMANAND A., ADVOCATE)

                                 AND:

                                 1.    SRI. SRINIVASA
                                       S/O BYLAPPA,
                                       AGED ABOUT 44 YEARS,
Digitally signed by KORLAHALLI
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF
KARNATAKA
                                       HANUMA NARASAPPA,
                                       (DIED AND HENCE DELETED FROM THE CASE
                                       AS PER ORDER DATED 21/03/2016)

                                 2.    BYLAPPA,
                                       S/O MUNIHANUMAPPA,
                                       AGED ABOUT 70 YEARS,

                                 3.    MUNIYAPPA
                                       S/O MUNIHANUMAPPA,
                                       AGED ABOUT 68 YEARS,
                                   -2-
                                             NC: 2024:KHC:44112
                                            RFA No. 215 of 2019




4.   SRI. VENKATESH,
     S/O LATE NARASIMHAIAH,
     AGED ABOUT 34 YEARS,

5.   SRI. MADHU
     S/O LATE NARASIMHAIAH,
     AGED ABOUT 30 YEARS,

     ALL ARE R/AT NO.108,
     6TH MAIN,
     AMBEDKAR COLONY,
     UTTARAHALLI,
     BENGALURU-560 061.
                                                 ...RESPONDENTS
(BY SRI. AJIT KALYAN, ADVOCATE FOR R4 AND R5,
     R2-SERVED)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED
05.10.2018, PASSED IN O.S.NO.5250/2015 ON THE FILE OF
THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
(CCH-65), BENGALURU CITY, DISMISSING THE SUIT FOR
PERMANENT INJUNCTION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE UMESH M ADIGA


                        ORAL ORDER

appeared through Video Conference.

2. Learned counsel for the appellant is not present.

The Court notice is issued to the appellant on filing of the

NC: 2024:KHC:44112

memo by the learned counsel for the appellant intending

to retire from the case. In spite of service of notice,

appellant has not appeared.

Hence, the Appeal is dismissed for non-prosecution.

Sd/-

(UMESH M ADIGA) JUDGE

bk/