- 1 - RFA No. 1160 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2023 BEFORE THE HON'BLE MRS JUSTICE M G UMA REGULAR FIRST APPEAL NO. 1160 OF 2007 (DEC) BETWEEN: 1. SRI KUSHAL CHAND S/O UTTAM CHAND 45 YEARS, UTTAM JEWELLERS # 2390, 10TH MAIN E BLOCK, II STAGE, RAJAJINAGAR BANGALORE - 560 010 2. SRI UTTAM CHAND S/O CHAMPALAL 46 YEARS, UTTAM JEWELLERS # 2390, 10TH MAIN E BLOCK, II STAGE, RAJAJINAGAR BANGALORE - 560 010 3. SRI RADHAKRISHNA NAIR S/O GOVIND KUTTY 56 YEARS, SITE NO.40 S NO.39, 7TH CROSS PRASHANTHA NAGAR PIPELINE, 'T' DASARAHALLI BANGALORE - 560 057. …APPELLANTS (BY SRI: MANJUNATH .M. DATAR, ADVOCATE (EXPIRED) & SRI: M.V.V. RAMANA, ADVOCATE) AND: SRI HR NAGENDRA GUPTHA S/O HJ RAMASWAMY SHETTY 59 YEARS, R/O # 252 Digitally signed by NANDINI B G Location: High Court Of Karnataka - 2 - RFA No. 1160 of 2007 13TH MAIN, GOKULA EXTENSION FIRST STAGE, FIRST PHASE BANGALORE - 560 054. …RESPONDENT (BY SRI: J. IMAYAN & SRI: M. SIVAPPA, ADVOCATES) THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 22.02.2007 PASSED IN OS.NO.2360/1997 ON THE FILR OF THE III ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION. THIS R.F.A., COMING ON FOR FINAL HEARING THIS DAY THE COURT DELIVERED THE FOLLOWING: JUDGMENT Sri M V V Ramana, learned counsel for the appellants appeared through video conference and submits that Sri Manjunath M Datar, learned counsel is no more. He further submits that even though he is having vakalath along with Manjunath M Datar, presently, he has no instructions from the appellants nor he is having case papers. Therefore, he prays for time. 2. The appeal is of the year 2007. The order sheet dated 28.02.2023 reads as under: "Learned counsel for the appellants is absent. No representation. The appeal is of the year 2007. The order sheet dated 09.04.2021 reads as under: - 3 - RFA No. 1160 of 2007 "Learned counsel for the respondent prays for time. Learned counsel on both sides shall submit their synopsis, notes of arguments and list of authorities on or before 03.06.2021. Notes of arguments shall be brief, pointed & with reference to the specific piece of evidence - both oral & documentary (exhibits), submitted in a bullet point manner. They shall also make reference to the relevant provisions of law & case laws bearing on the points in contention. List on 03.06.2021." In spite of that, there is non-compliance of the direction. Hence, I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 14.03.2023. 3. Under such circumstances, I do not find any reason to keep the matter pending. Hence, the appeal is dismissed. Sd/- JUDGE *bgn/-