The First Appellate Court dismissed the appeal for non-prosecution and non-compliance of office objections, as the appellant's counsel was absent and no justification or compliance was provided despite prior notices.
Appeal dismissed for non-prosecution and non-compliance of office objections.
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NC: 2023:KHC:19668 RFA No. 1014 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JUNE, 2023 BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL NO. 1014 OF 2020 (EJE)
BETWEEN:
SRI HARIVENDRA SINGH S/O BEERENDRA SINGH AGE ABOUT 45 YEARS RESIDING AT NO 432/013 1ST FLOOR, KAMMANAHALLI MAIN ROAD RAMASWAMY PALYA BENGALURU - 560033
…APPELLANT
(BY SRI. V J BENJAMINE., ADVOCATE)
AND:
SRI A J JAGADISHWARAN SINCE DEAD BY HIS LRS
Digitally signed by VEENA KUMARI B Location: High Court Of Karnataka
W/O LATE A J JAGADISHWARAN AGE ABOUT 77 YEARS RESIDENT OF NO 34 DISPENSARY ROAD N C ROAD, BENGALURU - 560001
NC: 2023:KHC:19668 RFA No. 1014 of 2020
…RESPONDENTS (BY SRI. JAGANATH K M., ADVOCATE C/R1(A), R3 AND R4)
THIS REGULAR FIRST APPEAL FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.11.2019 PASSED IN OS.NO.25870/2010 ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU DECREED THE SUIT FOR EJECTMENT.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:19668 RFA No. 1014 of 2020
ORDER
Learned counsel for the appellant neither present
physically nor through video conference.
and submits that the caveator has already taken the vacant possession of the suit schedule property by executing the decree under challenge. With this he submits that appeal does not survive for consideration.
in this appeal of the year 2020, several and sufficient opportunities, of not less than three times, have already been granted to comply with office objection.
NC: 2023:KHC:19668 RFA No. 1014 of 2020
5. On 25.05.2023 this Court has made the following
observations.
“Learned counsel for the appellant is neither present physically nor through Video Conference. Learned counsel for Caveator/respondent No.1(a), 3 and 4 is present.
As finally, one week time is granted to comply the office objections, failing which, the Court may proceed to pass appropriate orders, including dismissal of the appeal for noncompliance of office objections.
In case, if the office objections are not complied with in their entirety within the said time, registry to list the matter on 07.06.2023.”
6. In spite of the above, since appellant is neither
showing any interest to appear and make submission and
showing no reason for his nonappearance and for non complication of office objection, nor complied the office objections. Accordingly, appeal stands dismissed for nonprosecution as well as for non compliance of office objection.
List No.: 1 Sl No.: 11
Sd/JUDGE
BVK
1 issue framed by the court
Whether the appeal stands dismissed due to non-appearance of the appellant's counsel and non-compliance with office objections.
Colour shows how this judgement treated each authority
NoneReferred
1 provisions across 1 enactments
SRI HARIVENDRA SINGH
SMT N V DHANALAKSHMI
SMT NIRMALA
SMT A J JAYANTHI
SMT KAMALARANI
SMT V SAVITHA
H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
