This Regular First Appeal was filed under Section 96 of the CPC. The High Court dismissed the appeal for non-prosecution and non-compliance of office objections regarding trivial matters like marking annexures, though a最后 time had been granted earlier.
RFA No.1211/2019 stands dismissed for noncompliance of office objections and nonprosecution.
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:19670 RFA No. 1211 of 2019
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. 1211 OF 2019
BETWEEN:
AGED ABOUT 40 YEARS, S/O BALAKRISHANLOHIA, I FLOOR, NO.8, PARK ROAD KEMPAPURA BEHIND HERITAGE SUPERMARKET BANGALORE-560024
Digitally signed by VEENA KUMARI B Location: HIGH COURT OF KARNATAKA
AGED ABOUT 65 YEARS, S/O VENKATADRI RESIDING AT NO.116, 5TH CROSS, 7TH MAIN, AVALAHALLI BDA LAYOUT, BSK 3RD STAGE BANGALORE-560085
(BY SRI. JOSEPH ANILKUMAR A., ADVOCATE)
…APPELLANTS
AND:
NC: 2023:KHC:19670 RFA No. 1211 of 2019
RESPONDENT NO.1 TO 3 ARE RESIDING AT NO.137, PATTANAGERE VILLAGE, RAJARAJESHWARINAGAR BANGALORE-560098
RESPONDENTS NO.4 TO 6 ARE R/AT PATTANAGERE VILLAGE, KENGERI HOBLI, BANGALORE.
…RESPONDENTS
(BY SRI. C PRAKASH, ADVOCATE FOR C/R1, 2 & 3)
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019 PASSED IN OS No.2125/2015 ON THE FILE OF THE IX ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE DISMISSING THE SUIT FOR INJUNCTION AND POSSESSION.
NC: 2023:KHC:19670 RFA No. 1211 of 2019
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellant in RFA No.1211/2019 is
neither present physically nor through video conference.
is physically present and submits that he has complied all office objections in RFA No.1166/2019.
nonappearance of learned counsel for the appellant in RFA No.1211/2019 or for noncompliance of office objections.
and imposing a cost of `1000/- as a final last opportunity six days time was granted to comply the office objections. However office objections are shown to be not complied yet.
that they are too simple and trivial in nature like removal of
marking of annexures and mentioning only the number challenging the impugned order. Compliance of the same would hardly take few seconds or maximum a minute. Still the appellant has not complied the office objections not even appeared in the matter. Hence, RFA No.1211/2019 stands de-linked from RFA No.1166/2019.
Accordingly, RFA No.1211/2019 stands dismissed for noncompliance of office objections and also for
nonprosecution.
Sd/JUDGE
BVK List No.: 1 Sl No.: 53
1 issue framed by the court
Whether an appeal should be dismissed for non-appearance and non-compliance of office orders.
2 provisions across 1 enactments
ASHWIN LOHIA
SRI V SURESH
SRI A RAMAIAH
SRI MUNIRAJA
SRI R KUMAR
H.B. PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
