The appeal was dismissed for non-compliance with court office objections and for non-prosecution. The appellant failed to appear despite multiple notices.
The appeal is dismissed for non-compliance of office objections and non-prosecution.
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NC: 2023:KHC:19885 RFA No. 1279 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2023 BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL NO. 1279 OF 2020 (DEC/INJ)
BETWEEN:
…APPELLANT
(BY SRI. NANJA REDDY P N., ADVOCATE)
AND:
Digitally signed by VEENA KUMARI B Location: HIGH COURT OF KARNATAKA
S/O LATE YELLAPPA AND LATE HANUMAKKA, AGED ABOUT 64 YEARS,
BOTH ARE R/AT NO.29, A K COLONY 9TH MAIN, (OLD NO.1-109) PALACE GUTTAHALLI, BENGALURU-560003
NC: 2023:KHC:19885 RFA No. 1279 of 2020
AGED ABOUT 66 YEARS,
RESPONDENTS NO.3& 4 ARE R/AT NO.38, 2ND MAIN ROAD, NHCS LAYOUT, PRASHANTHANAGAR, BENGALURU-560079
…RESPONDENTS
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.10.2019 PASSED IN OS.NO. 6500/2010 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE SUIT FOR DECLARATION AND MANDATORY INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCE, THIS DAY THE COURT MADE THE FOLLOWING :
NC: 2023:KHC:19885 RFA No. 1279 of 2020
ORDER
None appear either physically nor through Video
Conference.
observations :
“None appear in the matter either physically or through Video Conference.
As a last chance, four days time is granted to comply the office objections, failing which, the Court may proceed to pass appropriate orders, including dismissal of the appeal for noncompliance of office objections.
In case, if the office objections are not complied with in their entirety within the said time, registry to list the matter on 09.06.2023.”
appellant has neither complied the office objections nor shown any reasons for non-compliance of office objections and nor even appeared in this matter. The appeal is of the year 2020 and several and sufficient opportunities for not less than four times have already been granted to him. As such, I do not find any further reason to grant some more time.
NC: 2023:KHC:19885 RFA No. 1279 of 2020
Hence, the Appeal stands dismissed for non-compliance
of office objections, as well as for non-prosecution.
Sd/JUDGE
BVK
List No.: 1 Sl No.: 33
1 issue framed by the court
Whether an appeal filed under Section 96 of the CPC which remains unprosecuted and non-compliant with court objections should be allowed.
1 provisions across 1 enactments
Smt. Baby Savithri
Sri Yogiraj
Smt. Savithri
Sri Munikrishingappa
Janaki
The Commissioner BBMP
H.B. Prabhakara Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
