The High Court of Karnataka dismissed Regular First Appeal No. 1160 of 2007 on the sole ground that the appellants' counsel was absent and failed to appear or provide representation despite multiple earlier notices and opportunities.
Regular First Appeal No. 1160 of 2007 dismissed in absence of the appellants' counsel.
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RFA No. 1160 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
REGULAR FIRST APPEAL NO. 1160 OF 2007 (DEC)
BETWEEN:
Digitally signed by NANDINI B G Location: High Court Of Karnataka
…APPELLANTS
(BY SRI: MANJUNATH .M. DATAR, ADVOCATE (EXPIRED) & SRI: M.V.V. RAMANA, ADVOCATE)
AND:
SRI HR NAGENDRA GUPTHA S/O HJ RAMASWAMY SHETTY 59 YEARS, R/O # 252
RFA No. 1160 of 2007
13TH MAIN, GOKULA EXTENSION FIRST STAGE, FIRST PHASE BANGALORE - 560 054.
…RESPONDENT
(BY SRI: J. IMAYAN & SRI: M. SIVAPPA, ADVOCATES)
THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 22.02.2007 PASSED IN OS.NO.2360/1997 ON THE FILR OF THE III ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.
THIS R.F.A., COMING ON FOR FINAL HEARING THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri M V V Ramana, learned counsel for the appellants appeared through video conference and submits that Sri Manjunath M Datar, learned counsel is no more. He further submits that even though he is having vakalath along with Manjunath M Datar, presently, he has no instructions from the appellants nor he is having case papers. Therefore, he prays for time.
"Learned counsel for the appellants is absent. No representation. The appeal is of the year 2007. The order sheet dated 09.04.2021 reads as under:
"Learned counsel for the respondent prays
for time.
Learned counsel on both sides shall submit their synopsis, notes of arguments and list of authorities on or before 03.06.2021. Notes of arguments shall be brief, pointed & with reference to the specific piece of evidence - both oral & documentary (exhibits), submitted in a bullet point manner. They shall also make reference to the relevant provisions of law & case laws bearing on the points in contention.
List on 03.06.2021."
In spite of that, there is non-compliance of the direction. Hence, I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 14.03.2023.
3. Under such circumstances, I do not find any reason
to keep the matter pending. Hence, the appeal is dismissed.
Sd/JUDGE
*bgn/-
SRI KUSHAL CHAND S/O UTTAM CHAND
SRI UTTAM CHAND S/O CHAMPALAL
SRI RADHAKRISHNA NAIR S/O GOVIND KUTTY
SRI HR NAGENDRA GUPTHA S/O HJ RAMASWAMY SHETTY
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
