The High Court of Karnataka dismissed Regular First Appeal No. 1768 of 2013 for non-prosecution, as the appellant failed to provide further instructions to proceed on merits.
dismissal of the appeal for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1768 OF 2013 (DEC/INJ)
BETWEEN:
SRI. T. NARAYANASWAMY, S/O LATE THIMMAPPA, AGED ABOUT 64 YEARS, R/AT NO.85/6, SUNKADAKATTE, SALAPURADAMMA TEMPLE STREET, VISHWANEEDAM POST, BANGALORE - 560 091.
…APPELLANT
(BY SRI. T. SHESHAGIRI RAO, ADVOCATE AND SRI. SUNIL S. RAO, ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
AGED ABOUT 43 YEARS,
LRS OF THE RESPONDENT NO.2 ARE RESIDING AT NO.2, 4TH MAIN, 2ND CROSS, MUNIKARIYAPPA COMPOUND, MAGADI ROAD, AGRAHARA DASARAHALLI, BANGALORE - 23.
…RESPONDENTS
(BY SRI. B. RAMESH, ADVOCATE FOR R1;
SRI. B.V. KRISHNA, ADVOCATE FOR R8;
R4 - SERVED;
VIDE ORDER DATED 22.09.2022 APPEAL DISMISSED OF
AGAINST R2(B AND C) R3, R6 AND R7;
VIDE ORDER DATED 05.12.2022 APPEAL IS AGINST R2(A) DISMISSED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI, RULE-1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.12.2007 PASSED IN O.S.8911/1997 ON THE FILE OF IX-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant submits that despite his
best efforts, he is unable to contact the appellant and appellant
NC: 2023:KHC:39694 RFA No. 1768 of 2013
has not given further instructions to proceed with the appeal on merits.
Placing said submission on record, the appeal stands dismissed for non-prosecution.
Sd/JUDGE
CPN
Sri. T. Narayanaswamy
Sri. T. Gopal
Sri. Abdul Kareem Sab
Sri. Samulla
Sri. Zabiulla
Sri. Mohammed Rafiqulla
V. Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
