Karnataka High Court
MFA/1853/2017 of SRI. CHIKKAMUNIYAPPA Vs SUPREME BUILD CAP PVT.LTD. on 29 September 2026
CNR: KAHC010255142017 NC: 2026:KHC:54248 MFA No. 1853 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1853 OF 2017 (CPC) BETWEEN: 1. SRI CHIKKAMUNIYAPPA S/O. LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 1853 OF 2017 (CPC)
BETWEEN:
1.
SRI CHIKKAMUNIYAPPA
S/O. LATE ABBAIAH
MAJOR.
2.
SRI KRISHNAPPA
S/O. LATE CHIKKANNA
MAJOR.
3.
SRI NARAYANASWAMY
S/O. LATE MUNISHAMAPPA
MAJOR.
ALL ARE RESIDING AT
DEVERABEESANAHALLI VILLAGE
VARTHUR HOBLI
BENGALURU EAST TALUK, BENGALURU.
REPRESENTED BY P.A. HOLDER
SRI DR. K. SRINIVAS MURTHY
S/O. LATE KEMPIAH
AGE 54 YRS., MR-58/A
SFHS NANDINI LAYOUT
BENGALURU - 96.
…APPELLANTS
(BY SRI S.G. HEGDE, ADVOCATE (ABSENT))
AND:
1.
SUPREME BUILD CAP PVT. LTD.
NO.8/A, COMMISSIONER LANE
CIVIL LINES, NEW DELHI - 110 054
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
HAVING ITS BRANCH OFFICE AT
2/1, EMBESSAY ICON ANNEXE
INFANTRY ROAD
NEXT TO POLICE
COMMISSIONER OFFICE
BENGALURU - 560 001.
BY ITS AUTHORIZED SIGNATORY
K.R. ASHOK.
S/O. LATE RANGASWAMY
AGED ABOUT 57 YEARS.
2.
SRI CHOWDAPPA
S/O. RAMAIAH
MAJOR.
3.
SRI MUNIYAPPA
S/O. RAMAIAH
MAJOR.
4.
SMT RADHAMMA
W/O. SONNAPPA
MAJOR.
RESPONDENTS NO.2 TO 4
ARE RESIDING AT
DEVEREABEESANAHALLI VILLAGE
VARTHUR HOBLI
BENGALURU EAST TALUK
BENGALURU.
…RESPONDENTS
(VIDE ORDER DATED 21-12-2018 NOTICE TO R2 TO R4 IS
DISPENSED)
THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF
CPC, PRAYING TO SET ASIDE THE ORDER DATED 17.12.2016
PASSED
ON
IA.NO.I
IN
O.S.NO.9058/2015
BY
LXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY.
HC-KAR
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
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ORAL JUDGMENT
There is no representation on behalf of the appellants.
2. Even on the previous date of hearing, there was no representation on behalf of the appellants. Despite granting sufficient time, no steps have been taken in respect of respondent No.1. Notice to respondent Nos.2 to 4 is dispensed, at the risk of the appellants.
3. The matter is of the year 2017. It appears that the appellants are not interested in prosecuting the appeal.
Accordingly, the appeal is dismissed for non-prosecution.
HC-KAR
In view of dismissal of the appeal, pending interlocutory application, if any, does not survive for consideration and the same pales into insignificance.
Sd/- (PRADEEP SINGH YERUR) JUDGE
CPN List No.: 1 Sl No.: 21