Regular First Appeal filed against a possession decree. The appeal was dismissed for non-prosecution as the appellant failed to appear on multiple dates.
Appeal dismissed for non-prosecution; accompanying interim application disposed of.
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.
RFA No. 1 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR FIRST APPEAL NO. 1 OF 2022 (POS)
BETWEEN:
Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA
MR. T. PHANI MAHESH AGED 55 YEARS RESIDING AT NO.136 “ADARSH PALM RETREAT VILLAS” BHOGANHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU
ALSO AT NO.641, 3RD FLOOR 46TH CROSS, 11TH MAIN, J.P.NAGAR 5TH BLOCK, BANGALORE 560 011 …APPELLANT
(BY SHRI. KANCHAN SRINIVASAN CHETTY, ADVOCATE–[ABSENT])
AND:
(BY SHRI. VINAY KUTTAPPA, ADVOCATE FOR
SHRI S. RAJENDRA, ADVOCATE FOR C/R1 & R2)
RFA No. 1 of 2022
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.11.2021 PASSED IN OS.NO.6840/2018 ON THE FILE OF THE 17TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU, DECREED THE SUIT FOR POSSESSION AND DAMAGES.
THIS RFA, COMING ON FOR ADMISSION, THIS DAY, P.S.DINESH KUMAR J. , DELIVERED THE FOLLOWING:
JUDGMENT
None appeared for the appellants on 04.11.2022 and 09.11.2022. There is no representation even today. In order dated 09.11.2022, it is recorded that ordersheet of the executing court was produced and possession of the property in question has been handed over to the decree holder. Since there is no representation on behalf of the appellant on consecutive dates, this appeal is dismissed for non-prosecution.
No costs.
Sd/-
JUDGE
Sd/JUDGE
AV
List No.: 1 Sl No.: 36
MR. T. PHANI MAHESH
MR. MOKSHITH REDDY CHENNAREDDY
MR SANKETHRAM REDDY CHANNAREDDY
P.S.DINESH KUMAR
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
