In R.F.A. No.363/2006, the Karnataka High Court dismissed the appeal for non-prosecution as the appellant's counsel failed to appear on the scheduled date despite a prior warning.
Appeal 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF OCTOBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.F.A.NO.363/2006 (DEC)
BETWEEN:
SRI M.NARAYANA SWAMY S/O LATE MUNIYALLAPPA AGED ABOUT 65 YEARS RESIDING AT NO.3 MUTHYALAMMA DEVI STREET NAGAVARAPALYA C.V.RAMAN NAGAR BENGALURU-560 093. … APPELLANT
[BY SRI VISHWANATH ARI, ADVOCATE (ABSENT)]
AND:
SRI P.MUNIYAPPA S/O LATE PAPAIAH SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS
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ALL ARE R/AT NO.168 NAGAVARAPALLYA C.V.RAMAN NAGAR POST BENGALURU-560 093.
ALL ARE RESIDING AT NO.169 SHAMANNA BUILDING YELLAMMA TEMPLE ROAD
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NAGAVARAPALYA C.V. RAMAN NAGAR POST BENGALURU-560 093. … RESPONDENTS
[R1 TO R4 – SERVED, UNREPRESENTED; APPEAL STANDS DISMISSED AGAINST R5 TO R11 VIDE ORDER DATED 23.10.2010]
THIS R.F.A. IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 29.11.2005 PASSED IN O.S.NO.10498/1989 ON THE FILE OF THE FILE XXVIII ADDL. CITY CIVIL JUDGE AND ETC.
THIS R.F.A. COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The counsel appearing for the appellant is absent. The Court has noticed that the counsel for the appellant is not regularly appearing before this Court. This Court in the last occasion itself made it clear that if the learned counsel for the appellant does not appear on the next date of hearing, the appeal will be dismissed for non-prosecution. Inspite of the said order, the appellant’s counsel not appeared and pursued the matter. Hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
SN
1 provisions across 1 enactments
SRI M.NARAYANA SWAMY
SRI P.MUNIYAPPA
SRI M. MUNIPAPAIAH
SRI M. GOVINDARAJU
SRI P. NARAYANAPPA
SRI M. SHAMANNA
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
