IN THE HIGH COURT OF KARNATAKA. _
DATED THIS THE 1 W DAY OF OEcL:Mj3E:R';~:f20o9 " = A
BEFORE j; " V
THE HONBLE MR. JL.?S~.T'.ICEAS.
R.F'.A. QF QOOOVVO
BETWEEN» '
G.S.NANJUNDAlAH, .
SINCE DEAD_BY__HIS'"""' _ -
LEGAL RE}?-Rr3;s_gNTAT1vEv~ _' A
SMT. O.r-=11. O.:'R1JAMBA;-Ai';j
w1FE__OF RAMAS'NANLA..I_AHV..5
PRE.SEN'1"I.Y5.RES'f1DIN'G._AT _
2203/O, ;;3RI-5.cROAss';A._TV - -
BANASHANKARI 11. STAGE,
BANGALORE --"»56'O'o.7O;
" _ APPELLANT
{BY SR1 ABH;NAv R.. {ABSENT}
HOAR EM/S, KUMAR-3: KUMAR. ADVOCATES)
" PIS'. ANAiSfDf'
SON OF' LATE P. SUBBARAYA SHETTY.
HINDU,
O MAJOR. NO632.
SAMPIOE ROAD.
'MAL1.EswARAM.
'§BA1\IGAI.ORE --- 560 003.
RESPONDENT
” (BY SR1 BASAVA PRABHU s. PATH. &
SR1 D.L.N. RAO. ADVOCATES]
“”‘”‘l
THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGMENT AND DEGREE DATED 19.8.2000 IN
0S.NO.2692/81 ON THE FILE OF’ THE XI ADm..c1TY ‘CIVIL
_ JUDGE, BANGALORE CITY, DECREEING TEE j1’«’oR_
SPECIFIC PERFORMANCE.
This appeal is coming ondlorlliieaiting the it
Court delivered the following: g
This matter is it hearing
continuously from Every time, when
the matter reached was sought or
nobody in the matter. On
8.1212009′ dismissed, before the same was
recordedgirl order”:slieetfaDpellant’s counsel appeared and
sought. for ‘reostoration and accordingly, it was restored.
312.2009 when the matter was called in the
. 1nornin”g«.vvsessi.on, the same submission was made that the
counssel’ i.s.3’held up in another case, it was also submitted
that.’ since his name is not shown along with firm name
‘M/ls.Kumar and Kumar he had difficulty to make out
iwhether the case was being conducted by him. Hence
specific order was passed to show the name of Sri.AbhinaV R
along with M/s. Kumar and Kumar and the matter was
“*7
adjourned to 11.12.2009. On 11.12.2009 when the”-matter
was called in the morning session a request _.wa’s_ri2a;de’ to
pass over the matter. Thereafter, when it””x2sl’asiv’_iea1led-opt’
second time, there was no reprezsemhtatioril. .;’l’his’attit’u’de”‘.of it
the counsel for the appellant is L
posting case from 25.11.09 *t.il”1,,1;oda$;,n.Q:1,Of1e other
ground the counsel is seekiiigfa€ij.ournriie’t1t.”V There is
absolutely no reason to lieepthiis __rna1_ter=pending. Hence,
the appeal is diislnisse-jci for’1f_on_ preseeu’tion.