The High Court of Karnataka dismissed a regular first appeal against an eviction decree dated 01.04.2019. The appeal was dismissed for non-prosecution due to non-compliance of office objections and the absence of representation by the appellant in the second call.
Appeal dismissed for non-prosecution. No costs.
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:21820 RFA No. 1289 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR FIRST APPEAL NO. 1289 OF 2019 (EJE)
BETWEEN:
SRI PRADEEP KUMAR S/O LATE M. RAMAMURTHY, AGED ABOUT 49 YEARS, RESIDING AT NO.408/A, 18TH 'A' MAIN, 24TH CROSS, 3RD SECTOR, HSR LAYOUT, BANGALORE-560102.
…APPELLANT
(BY SRI. MANJUNATH V., ADVOCATE (ABSENT))
AND:
Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. YOGESH H, ADVOCATE FOR R1
NOTICE NOT YET ORDERED)
NC: 2023:KHC:21820 RFA No. 1289 of 2019
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.04.2019 PASSED IN O.S.NO.4770/2014 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR EVICTION, RECOVERY OF ARREARS OF RENT AND DAMAGES.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is listed for dismissal in view of noncompliance of office objections.
prosecution.
No costs.
Sd/JUDGE
Sd/JUDGE
PMR List No.: 1 Sl No.: 20
1 issue framed by the court
Whether a regular first appeal filed without compliance of office objections and without representation should be allowed to be heard.
1 provisions across 1 enactments
Sri Pradeep Kumar
Shri Mohan Kumar H.R.
Shri K.N. Nagesh
P.S. Dinesh Kumar
T.G. Shivashankare Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
