The High Court of Karnataka, on appeal filed under Section 96 CPC, dismissed the appeal due to the appellant's non-prosecution, as the process fee for serving notice to the respondent had not been paid despite previous directions.
None.
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NC: 2023:KHC:43470 RFA No. 1084 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO.1084 OF 2015 (INJ)
BETWEEN:
S KRISHNAPPA S/O SONAPPA LATE , AGED 58 YEARS, R/AT NO.118, 4TH CROSS, 4TH MAIN, G M PALYA, NEW THIPPASANDRA, BANGALORE -560 075 CHANGE OF ADDRESS No.45/69-29 3RD MAIN ROAD, G.M.PALYA C.V.RAMANNAGAR BENGALURU – 560 075.
…APPELLANT
(BY SRI G.S.RAJESH, ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
T RAJESH @ H.RAJESH S/O THAMMAYYAPPA AGED 45 YEARS, NO.318, KAILASH ENCLAVE, 5TH MAIN, JAGADISHNAGAR, NEAR BEML HOSPITAL, NEW THIPPASANDRA, BANGALORE -560 075
…RESPONDENT
THIS REGULAR FIRST APPEAL IS FILED U/O 41 RULE 1 AND SECTION 96 OF CIVIL PROCEDURE CODE AGAINST THE ORDER DATED 28.04.2015 PASSED IN O.S NO.3602/2013 ON
THE FILE OF XVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU(CCH.16), DISMISSING THE SUIT. THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
Case called twice. None present on behalf of the appellant.
time was granted to file paper books. So also this Court directed to notice to be served on the sole respondent by order dated 26.07.2023. Till today process fee is not paid for service of notice to sole respondent.
Accordingly, appeal stands dismissed for non prosecution.
Sd/JUDGE
MR
1 issue framed by the court
Whether the appeal filed under Section 96 Civil Procedure Code should be allowed or dismissed for non-prosecution.
2 provisions across 1 enactments
S Krishnappa
T Rajesh @ H.Rajesh
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
