The Court dismissed the Regular First Appeal for non-prosecution in appeal. Appellants failed to file the required additional affidavit supporting the condonation of delay within the earlier granted timeframe.
The appeal is 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.2157 OF 2011
BETWEEN:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
…APPELLANTS (BY SRI. C.S. RAVISHANKAR, ADVOCATE(ABSENT))
AND:
…RESPONDENTS
(BY SRI. JOSE SABASTIAN., ADVOCATE FOR R1 R2-SERVED, R3-4 DISMISSED)
THIS REGULAR FIRST APPEAL IS FILED U/SEC. 96 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 11.01.2011 PASSED IN O.S.16114/2000 ON THE FILE OF THE XLIII-ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-44, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND ETC.,
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Case called twice. None present on behalf of the
appellants.
There is delay of 203 days in filing the appeal and the affidavit filed in support of the application for condonation of delay do not contain satisfactory facts and therefore, the coordinate Bench of this Court earlier permitted the appellants to furnish better affidavit. The said order, though passed on 13.06.2017, till today, appellants have not chosen to file better affidavit.
Accordingly, left with no alternative, appeal stands
dismissed for non prosecution.
Sd/JUDGE
kcm List No.: 1 Sl No.: 7
1 issue framed by the court
Whether the appeal can be dismissed despite a prior adjournment to file a better affidavit on condonation of delay.
1 provisions across 1 enactments
SRI V RAMAKRISHNA REDDY AND OTHERS
SRI J OM PRAKASH AND OTHERS
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
