Appellants challenged an injunction order under CPC. They failed to appear for hearing despite multiple calls. The High Court dismissed the appeal for non-prosecution.
The appeal was dismissed for non-prosecution due to the appellants' failure to appear.
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 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 1359 OF 2023 (CPC)
BETWEEN:
S/O S KENCHAPPA AGED 60 YEARS OCC AGRICULTURE R/O SUNKADAKATTE, TALUK HONNALI DISTRICT DAVANAGERE-577 217.
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
…APPELLANTS
(BY SRI. G BALAKRISHNA SHASTRY., ADVOCATE [ABSENT])
AND:
KUM.SWARNA @ PREETHI D/O K.ERANNA AGE 17 YEARS, MINOR OCC STUDENT REPRESENTED BY HER MOTHER NATURAL GUARDIAN SMT.ROOPA W/O KORE ERANNA AGE 39 YEARS, OCC HOUSEHOLD WORK R/O MEDLERI VILLAGE-581 211 TALUK RANEBENNUR, DISTRICT HAVERI.
…RESPONDENT
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SEC.151 OF CPC, AGAINST THE ORDER DATED:17.11.2022 PASSED ON IA NO.30 IN O.S.NO.53/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HARIHAR, CIRCUIT COURT HONNALI, ALLOWING IA NO.3 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
to 9 from alienating the item No.2 of suit ‘A’ schedule property.
Sd/JUDGE
DM
List No.: 2 Sl No.: 6
2 provisions across 1 enactments
S.K.NARASIMHA MURTHY
M.L.SURESH
M.H.GAJENDRAPPA
M.G.ASHOK
KUM.SWARNA @ PREETHI
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
