Karnataka High Court
Sri Eshwarachari vs Bayalu Basaveswara Swamy Seva Samithi on 28 November, 2023
Author: V Srishananda
Bench: V Srishananda
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NC: 2023:KHC:43191
RFA No. 1373 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.1373 OF 2007(INJ)
BETWEEN:
SRI ESHWARACHARI
S/O PILLA MALLIGACHARI
RESIDING AT HORAMAVU AGARA VILLAGE
K.R.PURAM HOBLI,
BANGALORE SOUTH TALUK
BANGALORE -560 043,
SINCE DECEASED BY LEGAL REPRESENTATIVES
1. SMT.SUVARNAMMA
W/O LATE ESHWARACHARI
AGED ABOUT 52 YEARS
HORAMAVU AGARA
HORAMAVU POST
BANGALORE- 560 043
Digitally
signed by R 2. RADHAMMA
MANJUNATHA
Location:
W/O JAGADESHACHARI
HIGH COURT AGED ABOUT 37 YEARS
OF
KARNATAKA DODDASIVARA
HANGENAHALLI POST
MALUR TALUK
KOLAR DISTRICT
3. SMT. RAJANI
W/O RAMU
AGED 35 YEARS
HORAMAVU AGARA
HORAMAVU POST
BANGALORE-560 043
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RFA No. 1373 of 2007
4. SMT. MANJULA
W/O MURTHI
AGED ABOUT 33 YEARS
HORAMAVU AGARA
HORAMAVU POST
BANGALORE-560 043
5. SMT. SREEDEVI
W/O BALAKRISHNA
AGED ABOUT 31 YEARS,
NO.3627, 4TH MAIN ROAD,
KAVERI NAGAR
S.NO.23, BANASHANKARI II STAGE
BANGALORE-560 070
6. SRI NAGENDRA KUMAR
S/O LATE ESHWARACHARI
AGED 29 YEARS
HORAMAVU AGARA
HORAMAVU POST
BANGALORE-560 043
7. SMT.DHANALAKSHMI
D/O LATE ESHWARACHARI
AGED ABOUT 26 YEARS
HORAMAVU AGARA
HORAMAVU POST
BANGALORE-560 043
...APPELLANTS
(BY SRI M MOHAN KUMAR, ADVOCATE -ABSENT)
AND:
1. BAYALU BASAVESWARA SWAMY SEVA
SAMITHI(REGD.)
HORAMAVU AGARA VILLAGE,
HORAMAVU POST
B'LORE-560 043,
REP. BY ITS HON. PRESIDENT
SRI M BASAVACHARI
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RFA No. 1373 of 2007
AGED 65 YEARS,
S/O SRI MARIYACHARI,
RESIDING AT HORAMAVU,
AGARA VILLAGE, K.R.PURAM HOBLI
BANGALORE SOUTH TALUK,
BANGALORE-560 043
2. SRI ASWATHACHARI
S/O BASAPPACHARI
AGED ABOUT 67 YEARS
3. SRI AKASHACHARI
S/O NANJUNDACHARI
AGED ABOUT 77 YEARS
4. SRI RAVI
S/O ASWATHACHARI
AGED ABOUT 32 YEARS
5. SRI DHANAKUMAR
S/O AKASHACHARI
AGE ABOUT 32 YEARS
6. SRI MANJUNATH
S/O APPANACHARI
AGED ABOUT 32 YEARS
7. SRI PRABHU
S/O NAGARAJACHARI
AGED ABOUT 30 YEARS
8. SRI NANDA KUMAR
S/O SIDDANNACHARI
AGED ABOUT 29 YEARS
9. SRI B LAKSHMIKANTH
S/O BASAVACHARI
AGED ABOUT 35 YEARS
10. SRI APPANNACHARI
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RFA No. 1373 of 2007
S/O NANJUNDACHARI
AGED ABOUT 70 YEARS
11. SRI BAJU
S/O VEERABHADRACHARI
AGED ABOUT 32 YEARS
12. SRI M ESHWARACHARI
S/O MALLIGACHARI
AGED ABOUT 62 YEARS
13. SRI VEERABHADRACHARI
S/O BASAVACHARI
AGED ABOUT 57 YEARS
14. SRI LAKSHMIKANTH
S/O AKASHACHARI
AGED ABOUT 42 YEARS
15. SRI ASWATHACHARI
S/O NANJUNDACHARI
AGED ABOUT 62 YEARS
16. SRI PUTTACHARI
S/O SUGUNACHARI
AGED ABOUT 62 YEARS
17. SRI SAMPANGACHARI
S/O PILLACHARI
AGED ABOUT 67 YEARS
ALL ARE RESIDING AT
HORAMAVU AGARA VILLAGE
K.R.PURAM HOBLI
BANGALORE SOUTH TALUK,
BANGALORE- 560 043
...RESPONDENTS
(BY SRI D.R.RAVI SHANKAR FOR LEX NEXUS, ADVOCATE FOR
R1-R10, R12 -R17; R11 -SERVED)
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RFA No. 1373 of 2007
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 14.02.2007 PASSED IN O.S.No.4717/1998 ON
THE FILE OF THE XXIV ADDL.CITY CIVIL JUDGE, BANGALORE
CITY, CCH.NO.6, DECREEING THE SUIT FOR PERMANENT
INJUNCITON.
THIS REGULAR FIRST APPEAL COMING ON FOR HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Case called out. None present on behalf of the appellants.
2. Even on previous occasion, there was no representation on behalf of the appellants. Appeal is of the year 2007. As a last chance, matter stood adjourned by the Order dated 16.02.2023 and matter was ordered to be listed on 23.02.2023 on which date also, there was no representation. Court, suo motu, directed that the matter be listed next week. Thereafter, matter was listed on 10.11.2023 and there was no representation on behalf of the appellants.
3. Taking note of the conduct of the appellants, appeal is dismissed for non prosecution.
Sd/-
JUDGE kcm List No.: 1 Sl No.: 37