- 1 - HC-KAR NC: 2025:KHC:29150-DB RFA No. 5 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 5 OF 2007 (DEC) BETWEEN: CANARA BANK, A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDER TAKINGS) ACT, 1970, WITH ITS HEAD OFFICE AT NO.112, J.C.ROAD, BANGALORE - 560 002, AND BRANCH OFFICES CALLED ASSET RECOVERY MANAGEMENT BRANCH, AT III FLOOR, SPENCER'S TOWER, NO.86, M.G.ROAD, BANGALORE - 560 001, REPRESENTED BY ITS SENIOR MANAGER SRI. V.S. SHANBHOGUE …APPELLANT (BY SRI. PADUBIDRI MOHAN RAO, ADVOCATE (ABSENT)) AND: 1. SRI M.G. KINI (M.GANAPATHI KINI) S/O M. GOVINDA KINI, AGED ABOUT 74 YEARS, RESIDING AT NO.3004, 12TH A MAIN, H.A.L II STAGE, INDIRANAGAR, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29150-DB RFA No. 5 of 2007 BANGALORE - 560 038. 2. DR MANJESHWAR PRAVIN KINI S/O SRI. M.G. KINI (M. GANAPATHI KINI) THE 1ST RESPONDENT, MAJOR, R/AT NO.3004, 12TH 'A' MAIN, H.A.L II STAGE, INDIRANAGAR, BANGALORE - 560 038. 3. SMT. MANGALORE POORNIMA PAI W/O MANGALORE VASANTH PAI AND D/O M.G. KINI (M. GANAPATHI KINI) THE 1ST RESPONDENT, MAJOR, RESIDING AT NO.5, RAJA BARIS APARTMENTS, CHENNAI - 600 012, TAMIL NADU STATE. …RESPONDENTS (BY SMT. GEETANJALI P, ADVOCATE FOR SRI. G.K.V MURTHY, ADVOCATE FOR R1; SRI. ABHINAV R, ADVOCATE FOR R2 AND R3) THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.08.2006 PASSED IN OS.NO.8731/1996 ON THE FILE OF THE XXIV ADDL.CITY CIVIL JUDGE, BANGALORE CITY (CCH.NO.6), DISMISSING THE SUIT FOR DECLARATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:29150-DB RFA No. 5 of 2007 ORAL JUDGMENT (PER: HON'BLE MR.. JUSTICE JAYANT BANERJI) Despite the list being revised, no one appears for the appellant. 2. Learned counsel Miss. Geetanjali P, holding the brief of learned counsel Sri. G. K. V. Murthy, and Sri. P E Umesh are present for the respondents. 3. Accordingly, the appeal is dismissed for non-prosecution. All pending applications stand disposed off. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 1 CT: BHK