This regular first appeal was dismissed because the appellant failed to appear physically or via video conference and did not comply with the court's office objections despite multiple opportunities, leading the court to treat the appeal as not prosecuted.
The appeal is dismissed for non-compliance of office objections and 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 6TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL No.963 OF 2019
BETWEEN:
SRI SYED ARIF S/O LATE SYED AHMED AGED ABOUT 40 YEARS, RESIDING AT CHIKKABETTAHALLI VILLAGE YELAHANKA HOBLI, BANGALORE NORTH TALUK BANGALORE-560097
... APPELLANT
(BY SRI.MALLIKARJUNA SWAMY S., ADVOCATE - ABSENT)
AND:
2
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3
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AGED ABOUT 26 YEARS
ALL THE ABOVE 3(A-G) ARE RESIDING AT NO.314, M.S.PALYA, VIDYARANYAPURA MAIN ROAD VIDYARANYAPURA, BENGALURU-560 097.
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ALL THE ABOVE 4 (A TO D) ARE RESIDING AT NO.315, M.S.PALYA VIDYARANYAPURA MAIN ROAD VIDYARANYAPURA, BENGALURU-560 097.
4(E) SMT.MUZEEBATAJ
D/O LATE SYED JANI AGED ABOUT 36 YEARS RESIDING AT NO.13 'B' CROSS, 3RD MAIN BISMILLANAGARA BENGALURU-560 029.
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ALL THE ABOVE 5 TO 10 ARE RESIDING AT M S PALYA, VIDYARANAYAPURA POST YELAHANKA HOBLI, VIDYARANAYAPURA BENGALURU-560 097.
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12(A) SMT.ANJUM
ALL THE ABOVE 12 TO 14 ARE RESIDING AT M.S.PALYA VIDYARANAYAPURA POST YELAHANKA HOBLI
VIDYARANAYAPURA, BENGALURU-560 097.
…RESPONDENTS
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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF THE CPC, AGAINST THE ORDER DATED 05.04.2019 PASSED ON IA NO.3 IN EX.NO.1591/2013 ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSINS JUDGE (CCH-02) AT BENGALURU, DISMISSING THE I.A.NO.3 FILED UNDER ORDER XXI RULE 97 TO 101 OF THE CPC.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appeared for the appellant either physically or through video conference in spite of granting sufficient and several opportunities. Even as last and final chance also, the appellant has not complied the office objections.
observations:
"None appeared for the appellant either physically or through video conference.
As a last chance, a week’s time is granted to the appellant to comply the office objections, making it clear that in case the office objections are not complied within the said period, this Court may be proceed to
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pass appropriate order including the dismissal of the appeal for non-compliance of office objections.
If the office objections are not complied by the appellant, registry to list this matter on 06.12.2021."
Sd/JUDGE
JT/-
2 issues framed by the court
Whether an appeal shall be dismissed when the appellant fails to appear despite repeated notices and office objections?
Whether non-compliance with office objections warrants dismissal of the appeal?
2 provisions across 1 enactments
SRI SYED ARIF S/O LATE SYED AHMED
SRI SYED BASHU SINCE DEAD BY HIS LRS
SRI SYED MUNEER S/O LATE NOOR AHMED
SYED JANI
SRI.SYED MAHABOOB S/O IMAM SAAB
SRI.SHAIK BALE
H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
