The High Court dismissed the regular first appeal for default on the grounds that the appellant failed to comply with a court order directing an appearance before a specified deadline.
The appeal is dismissed for default for failure to comply with a peremptory order.
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 11TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
REGULAR FIRST APPEAL NO.920/2014
BETWEEN:
SRI. RAKESH BANAGERI S/O. SRI. MALLAPPA R. BANAGERI AGED ABOUT 19 YEARS R/AT: 61/93, MANJUSHREE NILAYA KALAPPA REDDY ROAD AGRAHARA LAYOUT BANGALORE NORTH BANGALORE-560 064. ...APPELLANT
(BY SRI. RAJASHEKHARAPPA D.R, ADVOCATE)
AND:
BANGALORE-560 003.
YELAHANKA, BANGALORE-560 064.
2
THIS R.F.A IS FILED UNDER SECTION 96 R/W. ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
3
DATED 07.03.2014 PASSED IN O.S.NO.3704/2013 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION.
THIS R.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERY THE FOLLOWING:
JUDGMENT
Vide order dated 22.10.2021 it is directed that "in case of non-compliance of the office objections before the closure of the office hours on 26.10.2021, the appeal shall stand dismissed for default".
The appellant has failed to comply the order dated 22.10.2021.
In view of the peremptory order dated 22.10.2021
the appeal is hereby dismissed for default.
Sd/JUDGE
hd
SRI. RAKESH BANAGERI
THE STATE OF KARNATAKA
N.K. SUDHINDRARAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
