The High Court of Karnataka dismissed a regular first appeal under Section 96 CPC filed against a permanent injunction decree. The appeal was abandoned due to non-filing of the paper book and non-prosecution despite time granted.
The appeal was dismissed for non-prosecution.
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.
RFA No. 132 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 132 OF 2016 (INJ)
BETWEEN:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
AGED ABOUT 35 YEARS ALL ARE RESIDING AT 349 DAYANANDA NAGARA, BOREWSELL STREET WARD NO.61 OF BBMP, JAYANAGARA I BLOCK BANGALORE-560 011.
…APPELLANTS
(BY SRI. SRINIVASA K., ADVOCATE [ABSENT])
AND:
SRI SARVAR KHAN S/O LATE SRI MOHAMMED KHAN AGED ABOUT 43 YEARS RESIDING AT NO.734 DAYANANDA NAGAR BOREWELL STREET
RFA No. 132 of 2016
WARD NO.61 OF BBMP JAYANAGARA I BLOCK BANGALORE-560 011.
…RESPONDENT
(BY SMT.M.V. ANUPAMA, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 24.11.2016 PASSED IN OS.NO. 3403/2011 ON THE FILE OF THE XX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court by order dated 7.1.2020 had granted eight weeks time for filing paper book, failing which, appeal stands dismissed.
Inspite of granting sufficient time, paper book is not filed till date. Even today when the matter was called out, there is no representation 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.: 24
1 issue framed by the court
Whether the appeal filed under Section 96 of CPC should be allowed when the paper book was not filed within the time granted and no representation was made at the time of hearing.
1 provisions across 1 enactments
Sri Kaiser Pasha S/O Late Sri Mohammed Khan And Others
Sri Sarvar Khan
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
