Regular First Appeal filed under Section 96 CPC against a judgment dismissing a medical negligence suit due to non-answer to an issue. Appellants failed to appear for two hearings resulting in dismissal for non-prosecution.
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NC: 2023:KHC:21195 RFA No. 1266 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1266 OF 2008 (PAR)
BETWEEN:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
…APPELLANTS
(BY SRI. C S HASHIM SAEED.,ADVOCATE & SRI. N V MANJUNATH, ADVOCATE [ABSENT])
AND:
NC: 2023:KHC:21195 RFA No. 1266 of 2008
GOLDEN NEST APARTMENT FLAT NO.005, GRAMADEVATA ROAD ADUGODI, BANGALORE-560037.
NC: 2023:KHC:21195 RFA No. 1266 of 2008
BANGALROE 560027 REP BY ITS MANAGING DIRECTOR SRI BALAJI AGARWAL
…RESPONDENTS
(BY SRI. NARAYANA REDDY M.,ADVOCATE FOR R1: SRI. K.N. VENKATESH, ADVOCATE FOR R2 & R3: SRI. CHANNAKESHWARA REDDY, ADVOCATE FOR R4 & R5: SRI. M.J. ALVA, ADVOCATE FOR R6: NOTICE TO R7 SERVED & UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 CPC AGAINST THE JUDGMENT AND DECREE DATED:2.4.2008 PASSED IN OS.NO. 7789/2002 ON THE FILE OF THE XXXVIII ADDL.CITY CIVIL JUDGE, BANGALORE, NEGATIVELY ANSWERING ISSUE NO.1 AND DISMISSING THE SUIT IN VIEW OF THE FINDINGS GIVEN ON ISSUE NO.1.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
On 16.6.2023, when the matter was called out, none appeared for the appellants. Hence, as a last chance, the matter was ordered to be listed on 19.6.2023 on top of the list for orders. Even on 19.6.2023, none appeared for the appellants and hence the matter was ordered to be listed on 20.6.2023 on top of the list under the caption ‘for dismissal’.
NC: 2023:KHC:21195 RFA No. 1266 of 2008
Even today when the matter was called out, none appeared for the appellants. It appears that the appellants are not interested in prosecuting the case. Hence, the
appeal is dismissed for non-prosecution.
Sd/JUDGE
DM
List No.: 1 Sl No.: 1
1 provisions across 1 enactments
SMT A S UMA DEVI D/O A B SURYA W/O SRI PRABHAKAR
SMT A S NALINI W/O SRI VENKAT REDDY
SMT A S SANDHYA W/O SRI SRINATH
SRI A B SURYA S/O A M BALAPPA
M/S SALARPURIYA PROPERTIES PVT LTD
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
