The High Court of Karnataka dismissed two regular first appeals filed under Section 96 CPC for non-prosecution, as the appellants failed to file the paper book despite granted time to do so. Judgment delivered on 12 August 2022.
The appeals R.F.A.No.1033 of 2012 and R.F.A.No.1088 of 2012 were dismissed for 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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
R.F.A.NO.1033 OF 2012 C/W
R.F.A.NO.1088 OF 2012
IN R.F.A.NO.1033 OF 2012
BETWEEN :
M/S MARUDHAM & CO., BY ITS PROPRIETOR, SRI SENDHIL VELA, NO.154, RAMAVILAS ROAD, MYSORE ROAD, BANGALORE - 560 024, REP. BY ITS GPA HOLDER SRI N. SUNDARAM, SON OF LATE NANJAKUTTY GOUNDER, AGED ABOUT 72 YEARS, RESIDING AT NO.592, BOGADHI VILLAGE, MYSORE - 570 026 … APPELLANT (BY SRI. A BALAKRISHNA, ADVOCATE ON BEHALF OF BALU ASSOCIATES)
AND : THE MANAGING DIRECTOR KARNATAKA AGRO INDUSTRIES CORPORATION LTD, HEBBAL BANGALORE - 560 016 ... RESPONDENT (BY SRI P.S.MANJUNATH, ADVOCATE - ABSENT)
2
THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SETTING ASIDE THE JUDGMENT AND DECREE DATED 07.12.2011 PASSED IN O.S.NO.16881 OF 2006, ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL JUDGE, AT MAYO HALL, BANGALORE CITY (CCH NO.20) TO THE EXTENT OF Rs.1,61,599/- BY ALLOWING THIS REGULAR FIRST APPEAL, WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
IN R.F.A.NO.1088 OF 2012
BETWEEN :
M/S K S K ENGINEERS, BY ITS PROPRIETOR SRI K S KUMAR, NO.168/1, UPSTAIRS, RAMVILAS ROAD, MYSORE - 570 024, REP BY ITS GPA HOLDER SRI N SUNDARAM, S/O LATE NANJAKUTTY GOUNDER, AGED ABOUT 72 YEARS, RESIDING AT NO.592, BOGADHI VILLAGE, MYSORE - 570 026 … APPELLANT (BY SRI. A.BALAKRISHNA, ADVOCATE ON BEHALF OF BALU ASSOCIATES)
AND :
THE MANAGING DIRECTOR KARNATAKA AGRO INDUSTRIES CORPORATION LTD., HEBBAL, BANGALORE - 560 016 ... RESPONDENT (BY SRI. P.S.MANJUNATH, ADVOCATE - ABSENT)
3
THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SETTING ASIDE THE JUDGMENT AND DECREE DATED 07.12.2011 PASSED IN O.S.NO.16880/2006, ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL JUDGE, AT MAYOHALL, BANGALORE CITY (CCH NO.20) TO THE EXTENT OF Rs.1,25,598/- BY ALLOWING THIS REGULAR FIRST APPEAL, WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants pray time to file paper book.
Paper book is not filed even after granting sufficient time. Hence, the prayer is rejected.
Accordingly, appeals are dismissed for non
prosecution.
Sd/- JUDGE
Mds
1 issue framed by the court
Whether the appeals should be allowed or dismissed due to non-filing of the paper book.
1 provisions across 1 enactments
M/S MARUDHAM & CO.
M/S K S K ENGINEERS
THE MANAGING DIRECTOR KARNATAKA AGRO INDUSTRIES CORPORATION LTD.
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
