The Misc. First Appeal was dismissed by the High Court of Karnataka. Counsel stated the suit from 2012 was set for evidence and appellants were not interested in prosecuting the appeal.
The appeal was dismissed.
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.
NC: 2023:KHC:42879 MFA No. 3397 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 3397 OF 2015 (CPC)
BETWEEN:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
BANGALORE-560 001. …APPELLANTS
(BY SRI. RAKESH M.T., ADVOCATE FOR SRI. CHANDRA SHEKARA REDDY M V.,ADVOCATE)
AND:
AGED ABOUT 59 YEARS FATHERS NAME NOT KNOWN R/AT NO.55, NANJAPPA LAYOUT NEAR J C INDUSTRIAL AREA KANAKAPURA ROAD BANGALORE-560 062 …RESPONDENTS
(NOTICE TO R1 IS HELD SUFFICIENT V/O DATED: 12.03.2019 NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED:23.03.2015 PASSED ON I.A.NO.2 & 3 IN O.S.NO.3224/2012 ON THE FILE OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING I.A.NO.2 FILED UNDER ORDER 39 RULE 1 & 2 OF CPC AND ALLOWING I.A.NO.3 FILED UNDER ORDER 39 RULE 4 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants submits that
inspite of best efforts, he is not able to get instructions from the parties.
NC: 2023:KHC:42879 MFA No. 3397 of 2015
set down for evidence of the parties. It appears that the
appellants are not interested in prosecuting the appeal.
Sd/JUDGE
CM
List No.: 1 Sl No.: 44
1 issue framed by the court
Whether the appeal filed under Order 43 Rule 1(r) of CPC should be allowed in absence of party instructions.
3 provisions across 1 enactments
MOHAMMED NAWAZ
MOHAMMED NIYAMATULLA
P V GOVINDACHARYULU
K GOVIND
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
