The Karnataka High Court dismissed this miscellaneous first appeal filed under Order 43 Rule 1(r) CPC for non-prosecution and failure to comply with office objections, as no representative appeared on either day of listing.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL No.3123 OF 2020 (CPC)
BETWEEN :
MRS.SIRAJUNNISA, W/O MR.KHALEELULLA SHARIFF, AGED ABOUT 50 YEARS, R/AT NO.2-46, 8TH MAIN ROAD, BTM 1ST STAGE, BANGALORE - 560 029. ... APPELLANT
[BY SRI. V.MANJUNATH, ADVOCATE (ABSENT)]
AND:
BANGALORE - 560 070.
34TH CROSS, BSK 2ND STAGE,
BANGALORE - 560 070. ...RESPONDENTS
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CODE OF CIVIL PROCEDURE.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
There is no representation on behalf of appellant.
As could be seen from the daily order sheet, the matter was listed on 25.07.2022. On that day also, there was no representation on behalf of appellant. However, in the interest of justice, a week's time was granted to comply office objections, failing which it was ordered to be listed for dismissal on 01.08.2022.
The matter is listed today for orders regarding non-compliance of office objections.
As already noted above, today also there is no representation on behalf of appellant. Hence, the appeal is dismissed for non-prosecution and non-compliance of office objections.
Sd/JUDGE
TKN
Mrs. Sirajunnisa
Mr. Arjuna Krishna Murthy
Dr. T.N. Sathyaprabha
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
