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Sri Paramesh M Vs Smt Mayamma — Execution and Attachment | Karnataka HC (2023)

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Karnataka HC
2023
Sri Paramesh M Vs Smt MayammaSri Paramesh M v. Smt Mayamma

Dismissed

Sri Paramesh M v. Smt Mayamma

Karnataka HC2 Jun 2023RFA/1772/2019

Case brief

AI extract

What is this about?

Appellants failed to comply with office objections and appear despite prior notices. Appeal dismissed for non-prosecution and non-compliance.

What the court decided

AI extract

A

1 -

RFA No. 1772 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF JUNE, 2023

BEFORE

THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL NO. 1772 OF 2019 (INJ)

BETWEEN:

SRI PARAMESH M

SON OF THIMMAPPA AGED ABOUT 53 YEARS.

SMT. DHANALAKSHMI WIFE OF PARAMESH, AGED ABOUT 42 YEARS,

BOTH RESIDING AT NO.87, 4^TH CROSS, LALBAGH ROAD, MY SCHOOL ROAD, BENGALURU-560027.

…APPELLANTS

(BY SRI. NARAYANA V S., ADVOCATE (ABSENT))

Parties & counsel

AI extract

appellant
Sri Paramesh M and Smt. Dhanalakshmi
respondent
Smt Mayamma

Coram

AI extract

H.B. Prabhakara Swamy

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 2 Jun 2023 · June
Registered: 23 Aug 2019
Case no.: RFA/1772/2019

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Cite this judgement

Sri Paramesh M v. Smt Mayamma, RFA/1772/2019 (KA), decided on 2 June 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

H.B. Prabhakara Swamy

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The appeal filed in the Regular First Appeal No. 1772 of 2019 has been dismissed because the appellants' counsel failed to comply with office objections despite multiple opportunities and was absent from the hearing.

A compact analysis

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.

AND:

Digitally signed by VEENA KUMARI B Location: High Court of Karnataka

SMT MAYAMMA WIFE OF HANUMANTHARAYAPPA AGED ABOUT 50 YEARS, RESIDING AT THOTAGUDDADAHALLI, NAGASANDRA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU.

…RESPONDENT

THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 04.04.2019 PASSED IN OS NO.26674/2012 ON THE FILE OF THE

2 -

RFA No. 1772 of 2019

LXXII ADDL.CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL BENGALURU DECREEING THE SUIT FOR PERMANENT INJUNCTION.

THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned counsel for the appellants is not present either physically or through video conference. No reasons are forthcoming for his nonappearance or for noncompliance of office objections.

On 24.05.2023 this Court had made the following

observation.

“At the request of learned counsel for the appellant, who is present physically in the Court, as a final last opportunity, a week’s time is granted to do needful and comply the office objections, failing which, the Court may proceed to pass appropriate orders, including dismissal of the appeal for non-compliance of office objections.

In case, if the office objections are not complied in their entirety within the said time, Registry to list the matter on 01.06.2023.”

In spite of the above, learned counsel for the appellants

has remained absent.

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RFA No. 1772 of 2019

A perusal of the order sheet would go to show that in this appeal of the year 2019, in spite of granting sufficient opportunities of not less than 3 times, the appellants have not complied the office objections. On 16.04.2021 this Court while granting further time to comply the office objections, had directed the learned counsel for the appellants to file an affidavit explaining the reasons for non-compliance with specific reference to the office objections, from the date of raising of office objections, till the expiry of further time that was granted on the said day. Despite the same, the learned counsel for the appellants neither has filed the affidavit nor complied the office objections and nor even shown any reasons for non-compliance of office objections.

Accordingly, appeal stands dismissed for noncompliance of office objections, as well as for non-prosecution.

Sd/JUDGE

BVK; List No.: 1 Sl No.: 17

CNR

KAHC010264172019

Topic

Execution and Attachment

Bench

H.b.prabhakara Sastry

Disposal

Dismissed for Non-Prosecution

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