The High Court of Karnataka dismissed an appeal for non-prosecution and failure to comply with office objections, noting the appellant's counsel was absent despite multiple adjournments.
The appeal was dismissed for non-prosecution and failure to comply with 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 17TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.547 OF 2017
BETWEEN:
SMT. GAUHER MUNEER, W/O SRI MIR MUNEER AHMED, AGED ABOUT 57 YEARS, RESIDING AT RANA & SUMI'S AASHIYANA, NO. 926, 22ND MAIN, 38TH CROSS, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU-560 041.
..APPELLANT
(BY SRI. V.B.SHIVAKUMAR, ADVOCATE)
AND:
RFA No. 547/2017
2
..RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 29.11.2016 PASSED IN O.S.NO.4080/2012, ON THE FILE OF THE III ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH NO.25), DISMISSING THE SUIT FOR POSSESSION AND MESNE PROFITS.
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
Learned counsel for the appellant is neither present
physically in the Court nor through video conference. No reasons are forthcoming for his non-appearance.
that in this appeal of the year 2017, in spite of granting several and sufficient opportunities, the appellant has not
RFA No. 547/2017 3
complied the office objections, though sufficient
opportunities of not less than seven times is granted.
rounds, still the learned counsel for the appellant was remained absent. On the said date, making it clear that in case the office objections are not complied with before 15.12.2021, the Court may proceed to pass appropriate order, as a final last chance, a short accommodation was granted. Despite the same, the appellant has not evinced any interest in complying the office objections nor shown any reasons for non-compliance.
As such, the Appeal stands dismissed for noncompliance of office objections as well for non-prosecution.
Sd/JUDGE
MBB
SMT. GAUHER MUNEER
SHRI ASHRAF KHAN
SHRI NAEER KHAN
H.B. PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
