This court dismissed a regular first appeal filed under Section 96, CPC for non-prosecution after multiple hearings resulted in the absence of counsel from both sides.
The appeal was 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3rd DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A. No. 84 OF 2017
BETWEEN:
SRI BASAVARAJ V.MUNDASD S/O VEERABADRAPPA AGED ABOUT 74 YEARS R/O GURU APARTMENT GAVIPURAM ROAD MASTIVENKATESH AYANGAR ROAD BENGALURU-560 019.
…APPELLANT
(BY SRI B.B.GOUDAR, ADVOCATE - ABSENT)
AND:
SRI VEERUPAKSHA H.M AGED ABOUT 64 YEARS R/A NO.85/E "ANUGRAH" SHANAKARAPPA LAYOUT BHAVANI STREET HEBBAGODIO, ANEKAL TALUK BENGALURU-560 099.
…RESPONDENT
(BY SRI K.PRABHAKAR, ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96, CPC AGAINST THE JUDGMENT AND DECREE DATED 22.11.2016 PASSED BY THE 29TH CITY CIVIL & SESSION JUDGE AT BENGALURU IN O.S. NO.5990/2013
RFA.No.84/2017
2
(CCH.30) BY DECREEING THE SUIT OF THE PLAINTIFFAPPELLANT IN THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears in the matter either physically or
through video conference.
RFA.No.84/2017
3
could have been dismissed for non-prosecution, still this Court making it clear that no further adjournment will be granted, adjourned the matter by a week. Accordingly, the appeal has come today.
vgh*
1 issue framed by the court
Whether the regular first appeal stands dismissed for non-prosecution due to consistent absence of learned counsel.
1 provisions across 1 enactments
Sri Basavaraj V. Mundas
Sri Veerupaksha H.M
Dr. Justice H.B. Prabhakara Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
