The High Court dismissed a Regular First Appeal filed under Section 96 of the CPC for permanent injunction. The court observed the absence of the appellants on multiple listing dates and held that they were not interested in prosecuting the case.
Appeal 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1083 OF 2008 (INJ)
BETWEEN:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
NC: 2023:KHC:21034 RFA No. 1083 of 2008
YESHWANTHAPUR HOBLI BANGALORE NORTH TALUK BANGALORE-560022.
…APPELLANTS
(BY SRI. U BYREGOWDA.,ADVOCATE AND
SRI. MANJUNATHA, ADVOCATE [ABSENT])
AND:
BOTH ARE R/AT 'LAKSHMIDEVI NILAYA' NO.587, CORPORATION DIVISON NO. 11, PEENYA, BANGALORE-560064.
…RESPONDENTS
(BY SRI. B M ARUN., ADVOCATE FOR R1-R2)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED:01.09.2008 PASSED IN OS.NO.16567/2005 ON THE FILE OF THE XIII ADDL.CITY CIVIL JUDGE, BANGALORE, CCH-22, DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:21034 RFA No. 1083 of 2008
JUDGMENT
When the matter was posted on 12.06.2023, none
appeared for the appellants and the learned counsel for the respondents was present. Hence, the matter was ordered to be listed on 15.06.2023.
Again on 15.06.2023, when the matter was called out, none appeared for the appellants and the learned counsel for the respondents was present. Hence, as a last chance, the matter was ordered to be listed on 16.06.2023 on top of the list. Even on 16.06.2023 when the matter was called out, none appeared for the appellants. Hence, the matter was ordered to be listed on 19.06.2023 with a direction to list the matter on top of the list under the caption “for dismissal of the appeal”.
Even today when the matter was called out, none appeared for the appellants.
NC: 2023:KHC:21034 RFA No. 1083 of 2008
It appears that the appellants are not interested in
prosecuting the case. Hence, the appeal is dismissed for
non-prosecution.
Sd/JUDGE
HA List No.: 1 Sl No.: 1
1 issue framed by the court
Whether to dismiss an appeal filed against a permanent injunction decree for non-prosecution.
1 provisions across 1 enactments
Sri P K Narasimhaiah and others
Sri P K Varadaraju
Sri P K Chandrashekar
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
