The High Court of Karnataka dismissed an appeal for injunction filed in 2012 for non-prosecution due to the appellant's lack of cooperation in preparing paper books and prosecuting the case further.
Appeal dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1624 OF 2012 (INJ)
BETWEEN:
SRI. G. RAVIKUMAR, AGED ABOUT 48 YEARS, S/O SRI. N. C. GANGADHARAPPA, R/O HOUSE NO.42, 1ST MAIN, 6TH PHASE, 1ST STAGE, MAHAGANAPATHI NAGAR, WEST OF CHORD ROAD, RAJAJINAGAR, BANGALORE - 560 010, REPRESENTED BY HIS WIFE AND GPA HOLDER SMT. PRABHA RAVIKUMAR, AGED ABOUT 43 YEARS.
…APPELLANT
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
(BY SMT. SRIVIDYA, ADVOCATE FOR SRI. T.N. VISWANATHA, ADVOCATE AND SRI. T.N. RAMESH, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. C. JAGADISH, ADVOCATE FOR R1; SRI. J. PRAKASH, ADVOCATE FOR R2; R3 - SERVED)
THIS RFA IS FILED U/SEC.96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.06.2012 PASSED IN O.S.6772/2009 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Smt. Srividya, learned counsel for the appellant
submits that despite best efforts, appellant is not
cooperating to prosecute the appeal further and had also not cooperated in preparation of paper books.
Smt. Srividya, learned counsel for the appellant, appeal
stands dismissed for non prosecution.
Sd/JUDGE
MCR
2 issues framed by the court
Whether an appeal for injunction pending since 2012 should be allowed given the appellant's non-cooperation.
Whether the purpose of keeping an injunction appeal pending is served when there is no cooperation from the appellant.
1 provisions across 1 enactments
Sri. G. Ravikumar
Sri. V. Ananda Kumar
Sri. Jagadeesh S
Sri. Basaveswara House Building Co-Operative Society Limited
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
