The Karnataka High Court dismissed a second appeal under Section 96 CPC after the appellant failed to appear physically or via video conferencing despite multiple opportunities and office objections.
The second appeal was dismissed for non-prosecution and non-compliance of 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 10TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.617 OF 2019
BETWEEN:
M/s. Vijay Engineers No.90, 3rd Main Road, Keonix Layout, Tigalara Playa Main Road Peenya 2nd Stage, Bangalore - 560 058 Rep. by its Authorised person Krishna
…Appellant
(By Sri. Gurudath B.S., Advocate)
AND:
M/s. Mahaveer Metal No.14, Lakshmi Market Siddanna Lane J.M. Road Cross, Bangalore - 560002 Rep. by its Proprietor Mr. Kanakraj S/o. Nenimal Aged about 38 years.
This R.F.A. is filed under Section 96 of the Code of Civil Procedure, 1908, praying to call for the records and set aside the judgment and decree in O.S.No.1866/2014 dated 03-01-2019 passed by the Court of 31st City Civil Judge, Bangalore City (CCH-14) in the said suit and allow the appeal to meet the ends of justice and equity.
R.F.A.No.617/2019
2
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
Called again in the afternoon. None appear in the matter, either physically or through video conference.
Sd/JUDGE
BMV*
1 issue framed by the court
Whether the second appeal ought to be dismissed for non-prosecution and non-compliance of office objections.
1 provisions across 1 enactments
M/s. Vijay Engineers
M/s. Mahaveer Metal
Dr. JUSTICE H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
