In RFA No.1623 of 2018, the High Court dismissed an appeal against a perpetual injunction decree because the appellant failed to appear, comply with office objections, and provide reasons despite several opportunities.
Appeal dismissed for non-prosecution and non-compliance.
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 16TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.1623 OF 2018
BETWEEN:
SMT.VIJAYA W/O LATE N.NARASIMHA AGED ABOUT 55 YEARS RESIDING AT NO.30, 1ST MAIN ROAD BENGALURU-560 096 REPRESENTED BY HER P.A.HOLDER
RAGHAVENDRA N. ..APPELLANT
(BY SRI.VENKATESH G. & KLE MANJUNATH, ADVOCATES)
AND:
RFA No. 1623/2018
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RESIDING AT NO.99/6, 2ND FLOOR, MANGALA NURSING HOME, MUNISWAMY ROAD, M.S.NAGAR BENGALURU-560 033 ..RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96, ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 09.03.2018 PASSED IN O.S.NO.1891/2014, ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH NO.10), DECREEING THE SUIT FOR PERPETUAL INJUNCTION.
THIS R.F.A. COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING , THIS DAY, THE COURT MADE THE FOLLOWING :
O R D E R
None appeared in this matter either physically in the Court or through video conference. No reasons are forthcoming for non-appearance of the learned counsel for the appellant.
that this appeal is of the year 2018. Inspite of granting several and sufficient opportunities, even as finally and also as a last chance, the appellant has neither complied the office objections nor shown any reasons for
RFA No. 1623/2018
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non-compliance of office objections nor even shown reasons for his non-appearance today. As such, the Appeal stands dismissed for non-compliance of office objections as well for non-prosecution.
Sd/JUDGE
MBB
1 provisions across 1 enactments
Raghavendra N.
Sadashivaiah
Nirmala
H.B. Prabhakara Swamy
JUSTICE H.B. PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
