Regular First Appeal filed by Mahalingaiah regarding suit properties was dismissed for non-prosecution due to the appellant's failure to appear and non-compliance with office objections.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 201 OF 2022 (PAR)
BETWEEN:
Mahalingaiah S/o Muddaiah Present Aged about 67 years, R/at Farm House, Arvesandra, Kasaba Hobli Gubbi Taluk, Tumkuru district-572216.
…Appellant
(By Sri. Shanmukhappa, Advocate for M/s. Kesvy and Co)
And:
Digitally signed by BHARATHIDEVI K KORLAHALLI Location: High Court of Karnataka
NC: 2023:KHC:19214 RFA No. 201 of 2022
NC: 2023:KHC:19214 RFA No. 201 of 2022
W/o Parameshwaraiah Aged about 53 years, R/at Thagachegatta Village, Shettikere Hobli, Chiknayakanahalli Taluk, Tumkuru district-572226.
W/a Nagaraju Aged about 51 years, R/at Form House, Ammanghatta Village, Ksaba Hobli, Gubbi Taluk-572216.
NC: 2023:KHC:19214 RFA No. 201 of 2022
Aged about 34 Years, R/at Godekere Village, Shettikere Hobli, Chikkanayakanahalli Taluk-572226
…Respondents
This Regular First Appeal is filed under Order 41 Rule 1 read with Section 96 of Civil Procedure Code, praying to call for the relevant records and set-aside the impugned Judgment dated 30.11.2018 passed by the learned Senior Civil Judge and JMFC at Gubbi in O.S.No.26/2014 in respect of Item No. 6,7 and 9 of the Suit Schedule Properties and Item No 2 to 4 of Suit Schedule B Properties by allowing this Appeal and grant such other relief or relief’s as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.
This Regular First Appeal coming on for Orders through Physical Hearing/Video Conferencing, this day, the Court made the following:
ORDER
None appear for the appellant either physically nor
through Video Conference. No reasons are forthcoming
for non-appearance of learned counsel for the appellant,
as well for non-compliance of office objections.
in spite of granting several and sufficient opportunity of not less than four times, the learned counsel for the appellant has neither complied the office objections nor shown any reasons for non-compliance of office objections.
Hence, the Appeal stands dismissed for non-compliance of office objections, as well as for non-prosecution.
Sd/JUDGE
bk/
List No.: 1 Sl No.: 61
Mahalingaiah S/o Muddaiah
Nijananda Murthy S/o Mahalingaiah
Parameshvaraiah S/o Muddaiah
Ramanna S/O Muddaiah
Nagaraju S/O Muddaiah
Mahadevaiah S/O Muddaiah
H.B. PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
