The Karnataka High Court dismissed the miscellaneous first appeal without hearing as the peremptory order dated 04.02.2020 from the National Court was not complied with by the appellants.
Appeal dismissed for non-compliance of peremptory order dated 04.02.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M.F.A.No.5477/2019
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER 2021
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
MISCELLANEOUS FIRST APPEAL NO.5477/2019 (CPC)
BETWEEN:
(BY SRI MOHAMMED MUJASSIM, ADVOCATE [ABSENT])
AND:
M.F.A.No.5477/2019
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RESPONDENT NOS.2 TO 4 ARE R/AT NO.23, ANDRY ROAD, SHANTHINAGAR, BANGALORE – 560 027.
RESPONDENT NOS.6 & 7 ARE R/AT NO.23, ANDRY ROAD, SHANTHINAGAR, BANGALORE – 560 027. …RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 11.11.2014, PASSED ON I.A.NO.3, IN O.S.NO.1433/2012, ON THE FILE OF THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-44) DISMISSING THE I.A.NO.3, FILED U/O 39 RULE 4 R/W SECTION 151 OF CPC.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
M.F.A.No.5477/2019
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J U D G M E N T
No representation for the appellants. The
peremptory order dated 04.02.2020 is not complied. Therefore, the appeal is dismissed.
Sd/-
JUDGE
pgg
1 issue framed by the court
Whether an appeal dismissed for non-compliance of a peremptory order requires substantive adjudication of the merits.
3 provisions across 1 enactments
SMT. NAJMUNNISA
SMT. RABIYA BEGUM
SMT. MEENAKSHI
SMT. SAROJAMMA
SMT.SHAMALA
SMT. ANASUYA
K.S. MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
