Regular appeal dismissed for non-prosecution. Appellants and their counsel failed to appear physically or via video conference despite multiple opportunities to address office objections.
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 18TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.1676 OF 2018
BETWEEN:
All are resident of No.129-B, Ma Krupa, 7th Main, Nagendra Block, Bengaluru- 560 050.
…Appellants
(By Sri. S. Visweswaraiah, Advocate)
AND:
R.F.A.No.1676/2018
2
All are resident of No.56, 1st Floor, II Cross, New Kalasipalyam Extension, Bengaluru - 560 002.
…Respondents
This R.F.A. is filed under Order 41 Rule 1 read with Section 96 of the Code of Civil Procedure, 1908, praying to call for the records on the file of the Hon'ble IX Additional City Civil and Sessions Judge at Bangalore (CCH-5), in O.S.No.1287/2015 and set aside the judgment and decree dated 29-06-2018 by dismissing the suit and consequently allow the appeal and grant such other relief that this Court deems fit in the circumstances of the case, in the interest of justice and equity.
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 appear either physically or through video conference.
No reasons are forthcoming either for non-compliance of office
R.F.A.No.1676/2018
3
objections or for non-appearance of the learned counsel for the appellants.
Sd/JUDGE
BMV*
1 issue framed by the court
Whether the regular appeal ought to be heard in absence of parties and their counsel.
2 provisions across 1 enactments
Mrs. Revanthi Bai and others
Smt. Ayalakshmi and others
H.B. PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
