The High Court of Karnataka allowed an appeal by a hospitalized appellant, setting aside the lower court's dismissal of a miscellaneous petition for non-prosecution in a specific performance suit and restoring the matter while imposing costs.
The miscellaneous petition was restored; appellant ordered to pay costs of Rs.10,000 and future costs.
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 02ND DAY OF MARCH, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
MFA NO.8608 OF 2019 (CPC)
BETWEEN:
M.S.Ananda, S/o Late K.Srinivasa Gowda Aged about 50 years, Residing at Hosur Village (Madigarahalli Village) Kasaba Hobli, Bangarpet Taluk, Kolar District - 563114.
…Appellant
(By Sri P.C.Naresh Kumar, Advocate for Sri G.Manivannan, Advocate)
AND:
Both are residing at Dodda Anjenayaswamy Temple Cross, Brahmin Street, Kolar-563101.
…Respondents
(By Sri N.Hariprasad, Advocate for R1 and R2)
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This MFA is filed under Order 43 Rule 1(d) of CPC against the order dated 05.09.2019 passed in Misc.No.11/2018 on the file of the II Additional Senior Civil Judge and JMFC at Kolar, dismissing the Misc. Petition for non-prosecution.
This MFA coming on for hearing this day, the Court delivered the following:
JUDGMENT
This appeal has been preferred by the petitioner in Misc. 11/2018 on the file of II Additional Senior Civil Judge and JMFC, Kolar.
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was registered as Misc. Petition No.11/2018. The said Miscellaneous Petition was also dismissed for non-prosecution by the impugned order and hence this appeal.
the court because he had been hospitalized from 14.6.2019 to 3.7.2019. Even after discharge from the hospital, he was advised to take bed rest. This was the reason for the petitioner for not being able to appear before the court when the Miscellaneous Petition was posted for inquiry. Along with the appeal, the petitioner has produced medical records. The records show that the petitioner was admitted to Sri Jayadeva Institute of Cardiovascular Sciences and Research, Bengaluru, and he was an inpatient in the said hospital from 14.6.2019 to 3.7.2019. It is stated
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that the petitioner had suffered heart attack and
underwent by-pass surgery. Taking into consideration the reasons ascribed by the appellant, I am of the opinion that this appeal may be allowed for restoring the Miscellaneous Petition
11/2018. The appellant has to be subjected to costs for compensating the interest of the respondents. In this view, the following order : -
the II Additional Senior Civil Judge and JMFC, Kolar, dismissing the
Miscellaneous Petition No.11/2018 for
non-prosecution is set aside. Miscellaneous Petition 11/2018 is restored to the file of the court below.
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Sd/JUDGE
ckl/-
1 issue framed by the court
Whether to allow the appeal against the dismissal of a miscellaneous petition for non-prosecution due to the appellant's hospitalization.
M.S.Ananda
M.Govindappa
G.Jayaprakash
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
