- 1 - HC-KAR NC: 2025:KHC:28526 RFA No. 1243 of 2008 C/W RFA No. 1244 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1243 OF 2008 (INJ) C/W REGULAR FIRST APPEAL NO. 1244 OF 2008 (INJ) IN RFA No. 1243/2008 BETWEEN: SMT ASHWATHAMMA AGED ABOUT 68 YEARS W/O LATE SRI KRISHNAPPA R/A NO.126,RAMASWAMY PALYA MARUTHISEVA NAGAR POST BANGALORE 560 033 …APPELLANT (SMT ASHWATHAMMA, APPELLANT IN PERSON (NO REPRESENTATION)) AND: SMT NANJAMMA AGED ABOUT 66 YEARS W/O SRI B RAMAIAH R/A NO.34,MARAPPA GARDEN BENSON TOWN POST BANGALORE 560 046. …RESPONDENT (BY SRI. PRUTHVI WODEYAR., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 31.10.2008 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28526 RFA No. 1243 of 2008 C/W RFA No. 1244 of 2008 PASSED IN OS.NO. 2606/2003 ON THE FILE OF THE XXXVII ADDL.CITY CIVIL AND SESSIONS JUDGE, CCH.38, BANGALORE CITY, DECREEING THE SUIT FOR PERPETUAL INJUNCTION. IN RFA NO. 1244/2008 BETWEEN: SMT ASHWATHAMMA AGED ABOUT 68 YEARS W/O LATE SRI KRISHNAPPA R/AT NO.126, RAMASWAMY PALYA MARUTHISEVA NAGAR POST BANGALORE 560033 ...APPELLANT (SMT ASHWATHAMMA, APPELLANT IN PERSON (NO REPRESENTATION)) AND: 1. SRI KRISHNAPPA SINCE DEAD BY LRS 1(A) SRI KUMAR S/O LATE KRISHNAPPA AGED ABOUT 48 YEARS. 1(B) SMT RAJANI D/O LATE KRISHNAPPA AGED ABOUT 43 YEARS 1(C) SMT BHAGYAMMA W/O LATE KRISHNAPPA AGED ABOUT 60 YEARS. - 3 - HC-KAR NC: 2025:KHC:28526 RFA No. 1243 of 2008 C/W RFA No. 1244 of 2008 1(D) SMT SHANTAHA D/O LATE KRISHNAPPA AGED ABOUT 32 YEARS 1(E) SMT MAMATHA D/O LATE KRISHNAPPA AGED ABOUT 30 YEARS 1(F) SMT SHALNI D/O LATE KRISHNAPPA AGED ABOUT 27 YEARSR/A R1(A) TO R1(F) ARE R/AT KAVAL BYRASANDRA VILLAGE R.T.NAGAR POST, BANGALORE 560032. 2. SRI S NAGARAJ S/O LATE GOWDARA SONNAPPA AGED ABOUT 63 YEARS 3. SRI MUNIRAJU S/O LATE GOWDARA SONNAPPA AGED ABOUT 70 YEARS R2 & R3 ARE R/AT KAVAL BYRASANDRA VILLAGE R.T.NAGAR POST,BANGALORE 560032 ...RESPONDENTS (BY SRI. H DEVENDRAPPA, ADVOCATE FOR R1(C) & R2: SRI PRUTHVI WODEYAR, ADVOCATE FP R1(A,B,D,E,F) & R3) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC AGAINST THE JUDGMENT AND DECREE DATED:31.10.08 PASSED IN OS NO. 4893/03 ON THE FILE OF THE XXXVII ADDL. CITY CIVIL & SESSIONS JUDGE, (CCH.38), BANGALORE, DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. - 4 - HC-KAR NC: 2025:KHC:28526 RFA No. 1243 of 2008 C/W RFA No. 1244 of 2008 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. Sri.B.N.Kumar, learned counsel for the appellant had filed a memo in both the appeals seeking permission to retire from the cases along with the copy of NOC vakalath given to the party. He has also stated in the memo that he has intimated the party about his intention to retire and has returned the entire file papers. 2. In view of the memo, this court by order dated 18.07.2024 had permitted the learned counsel for the appellant to retire from the cases and issued court notice to the appellant. The notice issued to the appellant has returned with postal shara as ‘insufficient address’. - 5 - HC-KAR NC: 2025:KHC:28526 RFA No. 1243 of 2008 C/W RFA No. 1244 of 2008 3. Till today, the appellant has neither appeared nor engaged the services of any counsel. It appears that the appellant is not interested in prosecuting the case. Hence, the appeals are dismissed for non- prosecution. 4. In view of dismissal of appeals, pending I.As., if any, do not survive for consideration and accordingly, they are dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 18