The Single Judge dismissed Miscellaneous First Appeal No. 1880 of 2021 for non-prosecution. The appellants failed to comply with a peremptory order granting two weeks' time filed in November 2022.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.1880 OF 2021 (ISA)
BETWEEN:
Digitally signed by GURURAJ D Location: High Court Of Karnataka
(BY SRI.V. ANAND., ADVOCATE (ABSENT))
…APPELLANTS
AND:
MFA No. 1880 of 2021
LUTON BEDFORDSHIRE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, MR.THYGARAJ JOSEPH, S/O LATE MR.THOMASAPPA, AGED 69 YEARS, R/AT NO.4/5, 4TH CROSS, HUTCHINES ROAD, ST.THOMAS TOWN POST, BENGALURU – 560 084.
…RESPONDENT
THIS MFA IS FILED UNDER SECTION 384 INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED 10.06.2020 PASSED IN MISC.NO.433/2008 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCCH.11), ALLOWING THE PETITION FILED UNDER SECTION 383 OF INDIAN SUCCESSION ACT, 1925.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Matter was filed in year 2021. Thereafter, several occasions were provided for compliance of office objections. But they are not yet complied.
MFA No. 1880 of 2021
It is seen that vide order dated 22.11.2022, this Court passed peremptory order granting two week's time, failing which, appeal was ordered to be stand dismissed.
Even till date, office objections are not complied, which would indicate that appellants are not interested in pursuing appeal.
Accordingly, appeal is dismissed for non-prosecution.
Sd/JUDGE
MKM
List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution due to failure to comply with peremptory orders.
Smt. Annamma Krupa
Smt. Sreelatha
J. Augustine Reddy
Ravi V Hosmani
As recorded by the court registry
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