In Regular First Appeal No. 572/2012 filed under Section 96 read with Order 41 Rule 1 CPC, the Karnataka High Court dismissed the appeal for non-prosecution, rejecting the prayer for adjournment due to lack of paper books despite a 2021 order.
The appeal was 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MR. JUSTICE V. SRISHANANDA
REGULAR FIRST APPEAL No.572/2012 (INJ)
BETWEEN:
KARNATAKA TAMIL CHRISTIAN WELFARE ASSOCIATION (REGD) ANNAI ILLAM, 3RD CROSS GORIPALYIA, JAGJEEVANRAMNAGAR BANGALORE-560 018 REP. BY ITS GENERAL SECRETARY ANTHONY CRUZ.
...APPELLANT
(BY SRI J.D. ELANGOVAN, ADV.)
AND :
REV: BERNARD MORAS ARCHBISHOP OF BANGALORE BANGALORE ARCH DIOCESE NO.75, MILLER’S ROAD BANGALORE-560 046. …RESPONDENT
(BY SRI RUPERT M ROSARIO AND MS.ANNA LUCIA, ADVS.)
THIS R.F.A. IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.10.2011 PASSED IN O.S.NO.26435/2008 ON THE FILE OF THE XIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
THIS R.F.A COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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JUDGMENT
Paper books are not filed despite the Court order
dated 03.03.2021.
Learned counsel for the appellant prays time.
The appeal is of the year 2012. Hence, the appeal
is dismissed for non-prosecution, rejecting the prayer for adjournment.
Sd/JUDGE
mpk/* CT:bms
1 issue framed by the court
Whether to allow time to file paper books and admit the appeal though prosecuted since 2012.
1 provisions across 1 enactments
KARNATAKA TAMIL CHRISTIAN WELFARE ASSOCIATION
REV: BERNARD MORAS ARCHBISHOP OF BANGALORE
V. SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
