Miscellaneous First Appeal dismissed for non-prosecution as neither party appeared in court during the hearing sessions.
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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. 6943 OF 2016 (CPC)
BETWEEN:
MR KALEEMULLA KHAN S/O LATE SUBHAN KHAN AGED ABOUT 72 YEARS RESIDING AT NO 65, 1ST CROSS KAUSARNAGAR, DINNUR MAIN ROAD R T NAGAR POST, BANGALORE - 32
…APPELLANT
(BY SRI. AZEEMUDDIN M MOTHEKHAN.,ADVOCATE [ABSENT])
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. ZAKIR HUSSAIN.,ADVOCATE FOR C/R1: SRI. KEMPANNA, ADVOCATE FOR R2 & R3)
THIS MFA IS FILED UNDER ORDER 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED:23.9.2016 PASSED ON IA NO.2 AND 3 IN O.S.NO.4895/2016 ON THE FILE OF THE 62ND ADDITIONAL CITY CIVIL JUDGE, (CCH-63), BENGALURU, REJECTING IA NO.2 FILED U/O 39, RULE 1 & 2 OF CPC AND ALLOWING IA NO.3 FILED U/O 39, RULE 4, R/W SEC 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the plaintiff challenging the order dated 23.09.2016 whereby the trial court vacated the ex-parte injunction order granted in favour of the plaintiff.
interim order. Thereafter there is no interim order operating in this appeal till today. Now the suit is set down for evidence of the parties.
session also, there is no representation on behalf of the parties. It appears, that the appellant is not interested in prosecuting the appeal.
prosecution.
Sd/JUDGE
CM
List No.: 1 Sl No.: 46
MR KALEEMULLA KHAN
MR SHAFIQUDDIN SHARIFF
THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE
ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
