The High Court of Karnataka dismissed three regular first appeals filed by various appellants for lack of prosecution due to non-filing of paper books despite being granted sufficient time.
None. Appeals 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.
NC: 2023:KHC:39551 RFA No. 1063 of 2013 C/W RFA No. 1061 of 2013 RFA No. 1062 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1063 OF 2013 (DEC)
C/W
REGULAR FIRST APPEAL NO. 1061 OF 2013 REGULAR FIRST APPEAL NO. 1062 OF 2013
IN RFA NO.1063/2013
BETWEEN:
SMT.PARVEEN SULTHANA, W/O SYED HABEED, AGED ABOUT 48 YEARS, R/AT NO.6, POLICE QUARTERS, AUSTIN TOWN, BANGALORE - 560 047.
…APPELLANT
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
(BY SRI.SIDDAPPA V.D. AND SMT.C.SARASWATHI, ADVOCATES)
AND:
NC: 2023:KHC:39551 RFA No. 1063 of 2013 C/W RFA No. 1061 of 2013 RFA No. 1062 of 2013
…RESPONDENTS
(BY SRI.HARISH H.V., ADVOCATE FOR R1; SRI.P.S.MALIPATIL, ADVOCATE FOR R2; SRI.B.K.CHANDRASHEKAR AND SRI.N.KEMPEGOWDA BY ACC ASSOCIATES FOR R3 )
THIS RFA IS FILED U/SEC.96, O-41, RULE-1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:26.04.2013 PASSED IN O.S.NO.3119/2002 ON THE FILE OF THE IX-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.
IN RFA NO.1061/2013
BETWEEN:
SMT.PARVEEN SULTHANA, W/O SYED HABEED, AGED ABOUT 48 YEARS, R/AT NO.6, POLICE QUARTERS, AUSTIN TOWN,BANGALORE - 560 047.
…APPELLANT
(BY SRI. SIDDAPPA V.D. AND SMT. C. SARASWATHI, ADVOCATES)
AND:
…RESPONDENTS
(BY SRI.HARISH H.V., ADVOCATE FOR R2; SRI.M.V.VEDAMURTHY, ADVOCATE FOR R3; R1 - SERVED)
THIS RFA IS FILED U/SEC.96, O-41, RULE-1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:26.04.2013 PASSED IN O.S.NO.1898/2002 ON THE FILE OF THE IX-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION.
NC: 2023:KHC:39551 RFA No. 1063 of 2013 C/W RFA No. 1061 of 2013 RFA No. 1062 of 2013
IN RFA NO.1062/2013
BETWEEN:
SMT.R.PADMAMMA, W/O A.SRINIVASAIAH, AGED ABOUT 50 YEARS, R/AT NO.691, 29TH MAIN, B.T.M. LAYOUT, BANGALORE - 560 095.
…APPELLANT
(BY SRI.B.K.CHANDRASHEKAR, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. HARISH H.V., ADVOCATE FOR R1; SRI. AMIT MANDGI, ADVOCATE FOR C/R1; SRI. P.S. MALIPATIL, ADVOCATE FOR R2; SRI. SIDDAPPA V.D., ADVOCATE FOR R3 )
THIS RFA IS FILED U/ORDER 41 RULE 1 R/W SEC. 96, OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:26.04.2013 PASSED IN O.S.NO.9/2002 ON THE FILE OF THE IX-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Paper books are not filed despite granting sufficient
time. Accordingly, appeal stands dismissed for non
prosecution.
Sd/JUDGE
KAV
List No.: 1 Sl No.: 25
Smt. Parveen Sultana
Smt. Deepa S.
Smt. Chandamma Sharanappa Kalburgi
Smt. R. Padmamma
The Commissioner, Bangalore Development Authority
V Shrishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
