- 1 - HC-KAR NC: 2025:KHC:36186 RFA No. 1415 of 2010 C/W RFA No. 1416 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1415 OF 2010 (DEC/INJ) C/W REGULAR FIRST APPEAL NO. 1416 OF 2010 (DEC/INJ) IN RFA NO. 1415/2010 BETWEEN: MRS LALITHA W/O K JAYACHANDRA AGED ABOUT 49 YEARS R/AT NO. 9/13, 1ST A CROSS ROAD VIVEKANANADANAGAR, BSK 3RD STAGE BENGALURU-560085 …APPELLANT (BY SMT. LALITHA, APPELLANT, PARTY IN PERSON [NO REPRESENTATION]) AND: 1. MR K VENKATA REDDY DEAD BY LRS 1(A) M NARAYAN MURTHY S/O K VENKATA REDDY 1(B) MRS PADMAVATHI D/O K.VENKATAREDDY 1(C) NAGAMMA D/O K.VENKATAREDDY Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36186 RFA No. 1415 of 2010 C/W RFA No. 1416 of 2010 1(D) MRS SUMITHRA D/O K VENKATA REDDY ALL ARE R/AT 194, SUBBARAM SHETTY ROAD BASAVANAGUDI, BANGALORE-4. 2. MR N KANNAIAH SINCE DECEASED BY LRS 2(A) MRS SUJATHA W/O LATE N KANNAIAH AGED ABOUT 57 YEARS 2(B) MR SAI PRASAD S/O LATE N KANNAIAH AGED ABOUT 35 YEARS 2(C) MRS LATHA D/O LATE N KANNAIAH W/O RAJENDRA NAIDU AGED ABOUT 37 YEARS 2(D) MRS. DEEPA @ SWAPNA D/O LATE N KANNAIAH W/O DIWAKAR BABU AGED ABOUT 33 YEARS 2(E) MRS. GAYATHRI D/O LATE N KANNAIAH W/O VINOD KUMAR AGED ABOUT 30 YEARS ALL R/AT IN A PORTION OF HOUSE NO. 448 VIDYAPEETA LAYOUT, THYAGARAJANAGAR BSK 3RD STAGE, BENGALURU-560085. 3. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WESTBENGALURU …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:36186 RFA No. 1415 of 2010 C/W RFA No. 1416 of 2010 (BY SRI.B H SHAMANNA., ADVOCATE R1 (A-D): SRI. ASHWIN S HALADY, ADVOCATE FOR R3: R2(A)SERVED, APPEAL DISMISSED AGAINST R2(B,C,D & E) V/O DATED:06.11.2019 THIS RFA IS FILED UNDER SECTION 96, R/W, O-XLI, R-1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.06.2010 PASSED IN O.S.1950/1998 ON THE FILE OF THE XXVII-ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. IN RFA NO. 1416/2010 BETWEEN: MRS LALITHA W/O K JAYACHANDRA AGED 49 YEARS R/A NO. 9/13, IST A CROSS ROAD VIVEKANANDANAGAR,BSK 3RD STAGE BENGALURU560085 ...APPELLANT (BY SMT. LALITHA, PARTY IN PERSON [NO REPRESENTATION]. AND: 1. THE SECRETARY HOUSING & URBAN DEVELOPMENT DEPARTMENT MULTI-STORIED BUILDING,BENGALURU. 2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, BENGALURU. 3. MR. VENKATA REDDY DEAD BY HIS LR’S - 4 - HC-KAR NC: 2025:KHC:36186 RFA No. 1415 of 2010 C/W RFA No. 1416 of 2010 3(A) MR NARAYANA MURTHY S/O K.VENKATAREDDY 3(B) MRS PADMAVATHI D/O K.VENKATAREDDY 3(C) MRS NAGAMMA D/O K.VENKATAREDDY 3(D) MRSSUMITHRA D/O K.VENKATAREDDY, ALL ARE R/AT 194, SUBBARAM SHETTY ROAD BASAVANAGUDI, BANGALORE-04 ...RESPONDENTS (BY SRI. VIKAS R, AGA FOR R1: SRI ASHWIN S HALADY, ADVOCATE FOR R2: SRI B H SHAMANNA, ADVOCATE FOR R3(A TO D)) THIS RFA IS FILED UNDER SECTION 96, R/W, O-XLI,R R- 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.06.2010 PASSED IN O.S.714/1998 ON TwHE FILE OF THE XXVII-ADDL. CITY CIVIL, BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo stating that despite his best efforts, he has received no instructions from the appellant in the matters. He further - 5 - HC-KAR NC: 2025:KHC:36186 RFA No. 1415 of 2010 C/W RFA No. 1416 of 2010 submits that a notice intimating his intention to retire from the cases was sent to the appellant, but the same has been returned unserved. Accordingly, he has filed a memo seeking permission to retire from the cases. 2. In view of the above circumstances, it appears that the appellant is not interested in prosecuting the appeals. Accordingly, the appeals are dismissed for non- prosecution. All pending I.As., if any, stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 12