The High Court at Bengalura dismissed a regular first appeal under Section 96 of the CPC and an associated cross objection under Order XLI Rule 22 of the CPC for non-prosecution, as the appellants' counsel had no file or instructions and the cross objector had no other advocate.
Appeal for non-prosecution of the offenders.
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:40070 RFA No. 1522 of 2007 C/W RFA.CROB No. 28 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1522 OF 2007 (DEC)
C/W
RFA CROSS OBJECTION NO. 28 OF 2009 (DEC)
IN RFA NO.1522/2007
BETWEEN:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SRI. D.R. SUNDARESHA, ADVOCATE AND SRI. S. UDAYASHANKAR PANDIT, ADVOCATE)
AND:
ANIL KUMAR, S/O DR. JAYARAMAN, AGED 32 YEARS, NOW RESIDING AT NO.75, BEHIND DEVI BAR, RMV EXTENTION AT BANGALORE - 94.
…RESPONDENT
(BY SRI. K.K. VASANTH, ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT DATED 26.2.2007 PASSED IN O.S.NO.5023/2004 ON THE FILE OF THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR DECLARATION AND DIRECTING THE APPELLANTS HEREIN TO PAY EXEMPLARY COSTS OF RS.5000/- TO THE RESPONDENT.
IN RFA.CROB NO.28/2009
BETWEEN:
ANIL KUMAR, S/O DR. JAYANARAYAN, AGED 42 YEARS, RESIDING AT NO.75, RMV II STAGE, III CROSS, L.G. HALLI, SANJAYNAGAR PO, BANGALORE - 94.
…CROSS OBJECTOR
(BY SRI. M. S. PURUSHOTHAMA RAO, ADVOCATE AND SRI. M.P. NATARAJA, ADVOCATE FOR CROSS OBJECTOR)
AND:
…RESPONDENTS
THIS RFA.CROB IS FILED UNDER ORDER XLI RULE 22 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.2.2007 PASSED IN O.S.NO.5023/2004 ON THE FILE OF THE V ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR DECLARATION AND DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
THIS RFA ALONGWITH RFA.CROB COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri D.R.Sundaresha, learned counsel for appellants is absent.
Accordingly, the appeal stands dismissed for
non-prosecution.
Cross objector had not engaged any other advocate after Sri M.S.Purushothama Rao died and cross objector is represented by Sri. K.K.Vasanth, learned counsel.
NC: 2023:KHC:40070 RFA No. 1522 of 2007 C/W RFA.CROB No. 28 of 2009
In view of the dismissal of the appeal for nonprosecution, the cross objection is also dismissed for non-prosecution.
Sd/JUDGE
CPN
1 issue framed by the court
Whether the regular first appeal and cross objection stand allowed or dismissed for non-prosecution.
2 provisions across 1 enactments
Smt. M. S. Radhamani and S.V. Bhattachar
Anil Kumar
V. Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
