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Karnataka High Court

Sri T K Bettaswamygowda @ Bettamuni vs Sri A V Thimmaiah S/O Venkate Gowda on 17 July, 2012

Bench: K.Bhakthavatsala, B.S.Indrakala

                         1




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 17th DAY OF JULY 2012

                     PRESENT

    THE HON'BLE DR. JUSTICE K. BHAKTHAVATSALA

                        AND

     THE HON'BLE MRS. JUSTICE B.S. INDRAKALA


                 R.F.A. NO.601/2006

BETWEEN

SRI T K BETTASWAMYGOWDA
@ BETTAMUNI
S/O KUNTSINGRI GOWDA
AGED ABOUT 54 YEARS
R/AT HANUMANTHANAGAR
JALAMANGLA MAIN ROAD
RAMANAGARAM TOWN
BANGALORE RURAL DISTRICT.

                                      ... APPELLANT

(BY SRI.K.V.NARASIMHAN, ADVOCATE-ABSEBT)

AND :

1     SRI A V THIMMAIAH
      S/O VENKATE GOWDA
      AGED ABOUT 55 YEARS
      R/AT ANKANAHALLI
      KUNTAGAL HOBLI
      RAMANAGARAM TALUK
      BANGALORE RURAL DISTRICT.
                          2




2    SRI DEVARAJU
     S/O CHIKKAHANUMAIAH
     AGED ABOUT 53 YEARS
     R/AT HANUMANTHANAGAR
     JALAMANGALA MAIN ROAD
     RAMANAGARAM TOWN
     BANGALORE RURAL DISTRICT.

3    SRI C. CHANNA ANKAIAH
     S/O CHANNEGOWDA
     AGED ABOUT 40 YEARS
     R/AT HANUMANTHANAGAR
     JALAMANGALA MAIN ROAD
     RAMANGARAM TOWN
     BANGALORE RURAL DISTRICT

                                   ... RESPONDENTS

(BY SRI.S.SREEVATSA, SENIOR COUNSEL
 FOR Sri.T.VENUGOPAL, Adv. FOR C/R1 & 2)

     THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DT.14.12.2005 PASSED IN
O.S.NO.22/98 ON THE FILEOF THE PRL. CIVIL JUDGE
(SR.DN), RAMANAGARAM, DISMISSING THE SUIT FOR
SPECIFIC PERFORMANCE, POSSESSION AND MESNE
PROFITS.

    THIS RFA COMING ON FOR HEARING THIS DAY,
DR. K. BHAKTHAVATSALA J., DELIVERED THE
FOLLOWING:

                      JUDGMENT

Sri S. Sreevatsa, learned Senior counsel appears for the respondent.

2. As per order sheet dated 23.5.2012 and 1.6.2012 none appears for the appellant. Even today, there is no representation for the appellant.

Accordingly, appeal is dismissed for non-prosecution.

No costs.

Sd/-

JUDGE Sd/-

JUDGE PL