First appeal dismissed for non-prosecution. Appellants counsel remained absent despite prior warning of dismissal under the listing court's observation.
The Regular First Appeal is dismissed for non-prosecution.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL No. 1563 OF 2018
BETWEEN:
... APPELLANTS
(BY SRI N.P. KALLESH GOWDA, ADVOCATE)
RFA No. 1563/2018
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AND:
M/S APEX SILKS, NO. 33, 2ND FLOOR, GANGAPPA BUILDING, MALLIKARJUNAPPA LANE, K.R.SETTYPET J.M. ROAD CROSS, BANGALORE-560 002. REP BY ITS PROPRIETOR SRI JAGADISH.C. MEHRA, AGED ABOUT 50 YEARS.
…RESPONDENT
(SRI PUTTARAJU C.P., ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.11.2016 PASSED IN O.S.NO.7945/2013 ON THE FILE OF XIV ADDITIONAL CITY CIVIL JUDGE AT BENGALURU CITY (CCH-28), DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS REGULAR FIRST APPEAL COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSICAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellants is not present either physically nor through video conference. Learned counsel for the respondent alone is appearing through video conference.
RFA No. 1563/2018
3
that this appeal is of the year 2018. When the matter was taken up on 23.10.2021, the learned counsel for the appellant had remained absent and the matter was adjourned to 10.11.2021.
"None appear in the matter either physically or through video conference.
The appeal is of the year 2018 and still at the stage of admission. As such, making it clear that in case, the parties fail to appear and to proceed further in the matter by the next date of hearing, the Court would pass appropriate order including dismissal of the appeal for non-prosecution.
As a last opportunity, three weeks time is granted. List the matter on 02.12.2021.
In the meanwhile, Registry to call for trial Court records on emergent basis by hand".
RFA No. 1563/2018
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In spite of the above observation, the learned counsel for the appellants has remained absent even today also. No reasons are forthcoming for his non-appearance.
Consequently, IA No.2/2018 stands disposed of, as it does not survive for consideration.
Sd/JUDGE
mbb
M/S ARPITHADEEPAM
SRI CHETHAN
SMT. K.C. KAVITHA
M/S APEX SILKS
Dr. H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
