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B Jayalakshmi Vs Dr Leela — Civil Procedure and Limitation | Karnataka HC (2022)

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Karnataka HC
2022
B Jayalakshmi Vs Dr LeelaB Jayalakshmi v. Dr Leela

Dismissed

B Jayalakshmi v. Dr Leela

Karnataka HC22 Aug 2022RFA/1829/2012

Case brief

AI extract

What is this about?

The Single Judge dismissed an appeal for non-prosecution as the appellants failed to deposit the mandated sum of Rs. 5,00,000/- by the due date.

What did the court decide?

Appeal dismissed for non-prosecution.

What the court decided

AI extract

A

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF AUGUST, 2022

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

R.F.A.No.1829/2012(MON)

BETWEEN

1 . B JAYALAKSHMI AGED ABOUT 65 YEARS, W/O LATE DEVARAJ,

2 . VIKRAM KUMAR AGED ABOUT 41 YEARS, S/O LATE DEVARAJ,

BOTH ARE RESIDING AT NO.737, 1^ST MAIN, 2^ND PHASE, 3^RD STAGE, BANASHANKARI, BANGALORE-560 085

...APPELLANTS

(BY SRI B S MANJUNATH, ADVOCATE FOR SRI S.N.RANGANATH, ADVOCATE)

AND

Parties & counsel

AI extract

appellant
B JAYALAKSHMI
appellant
VIKRAM KUMAR
respondent
DR LEELA
respondent
C. SHYAMASUNDAR

Coram

AI extract

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 22 Aug 2022 · August
Registered: 20 Oct 2012
Case no.: RFA/1829/2012

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Cite this judgement

B Jayalakshmi v. Dr Leela, RFA/1829/2012 (KA), decided on 22 August 2022.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

V. SRISHANANDA

Parties & counsel

Outcome

Appeal dismissed for non-prosecution.

Detailed headnote1 paragraphs

An appeal against a decree for the recovery of money was dismissed for non-prosecution. The appellate court held that the appellants had failed to comply with a prior direction to deposit Rs. 5,00,000/- and no acknowledgement of deposit was filed.

A compact analysis

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 . DR LEELA AGED ABOUT 38 YEARS, W/O SHYAMASUNDAR, R/AT NO.488/A, 1^ST 'A' MAIN, JAYANAGAR, 8^TH BLOCK, BANGALORE-560082

2

DEAD BY LRS

1(a) C. SHYAMASUNDAR S/O LATE M.CHANDRAIAH, AGED ABOUT 58 YEARS,

1(b) KUMARI SURAKSHA D/O C. SHYAMASUNDAR,

AGED ABOUT 15 YEARS,

REPRESENTED BY HER FATHER AND NATURAL GUARDIAN C. SHAMASUNDAR,

BOTH ARE RESIDING AT NO.488/A, 1^ST A MAIN, JAYANAGAR 8^TH BLOCK, BANGALORE-560070

...RESPONDENTS

(BY SRI V.D.RAVIRAJ, ADVOCATE FOR R1(a & b)

THIS RFA IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.07.2012 PASSED IN O.S.NO.7578/2002 ON THE FILE OF XXX ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FILED FOR RECOVERY OF MONEY.

THIS APPEAL COMING ON FOR ORDERS , THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Case called twice. None present on behalf of

the appellants.

3

This court directed the appellants to deposit a sum of Rs.5,00,000/- by order dated 01.06.2015 and time was extended on 23.01.2019 and again on 15.01.2021. Till today acknowledgement has not been filed for having deposited the said sum.

Hence, appeal stands dismissed for non-

prosecution.

Sd/JUDGE

SBN

V. SRISHANANDA

CNR

KAHC010446252012

Topic

Civil Procedure and Limitation

Bench

Disposal

Dismissed for Non-Prosecution

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