Regular First Appeal dismissed for non-prosecution as the appellant failed to appear or assign counsel for hearing on the scheduled dates.
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RFA No. 2438 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 2438 OF 2007 (INJ)
BETWEEN:
H KRISHNAMURTHY S/O LATE SRI. HANUMAIAH AGED ABOUT 54 YEARS R/AT NO.18, MADHU NIVAS 2ND MAIN, OPP. BSK TEMPLE SHAKAMBARI NAGAR BANGALORE-560 082.
…APPELLANT
(BY SRI. M.L.SANTHOSH., AND SRI. J.PRAMOD, ADVOCATES [ABSENT])
AND:
Digitally signed by C MALATHI Location: High Court of Karnataka
SRI H JAYARAM S/O LATE G. HANUMAIAH AGED ABOUT 67 YEARS NO. 358, 1ST CROSS, BSK 2ND STAGE CHENNAMMANAKERE ACHUCATTU BANGALORE-560070.
…RESPONDENT
(BY SRI. K SREE RANGARAJAN., ADVOCATE)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC AGAINST THE ORDER DATED:3.9.07 PASSED IN OS NO. 3958/2000 ON THE FILE OF THE XI ADDL. CITY CIVIL JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
RFA No. 2438 of 2007
JUDGMENT
When the matter was posted on 04.11.2019, there was no representation for the appellant, finally, the matter was adjourned to 21.11.2019. On 21.11.2019, there was no representation for the appellant, hence, the matter was adjourned to 14.12.2019 subject to payment of cost of Rs.1,000/- to be respondent. Again, when the mater was posted on 16.12.2019, appellant appeared and submitted that he could not contact his counsel and the matter was adjourned to 18.12.2019 subject to payment of cost of Rs.1,000/- to the respondent. On 18.12.2019, there was no representation for the appellant. Hence, finally, the matter was adjourned to 17.01.2020, wherein it is stated that if the matter is not prosecuted on that day, the matter shall stand dismissed for non-prosecution. Even on 17.01.2020 also, none appeared for the appellant.
RFA No. 2438 of 2007
appears that the appellant is not interested in prosecuting the
appeal.
Hence, appeal stands dismissed for non-prosecution.
Sd/JUDGE
CM
List No.: 1 Sl No.: 48
1 provisions across 1 enactments
H KRISHNAMURTHY S/O LATE SRI. HANUMAIAH
SRI H JAYARAM S/O LATE G. HANUMAIAH
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
