The appeal was dismissed for non-prosecution as the appellant failed to appear on the final listing date. The court held that the appellant was not interested in prosecuting the case.
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. 334 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 334 OF 2008 (INJ)
BETWEEN:
SRI N MOHAN S/O LATE V. NAGAPPA AGED ABOUT 38 YEARS R/AT NO.1/A, 3RD MAIN ROAD NEW 7TH CROSS AYYAPPA SWAMYTEMPLE ROAD PRAKASHNAGAR, BANGALORE-21
…APPELLANT (BY SRI. K JAYAPRAKASH., ADVOCATE AND SRI. A. THANGAVELU, ADVOCATE[ABSENT]) AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
THE SECRETARY MUDALIAR SEVA SANGHA NO.8, 6TH CROSS PRAKASHNAGAR, BANGALORE-21
…RESPONDENT (M/S DM.S. ASSOCIATES BY SRI. M DEVARAJ,ADVOCATE)
THIS RFA IS FILED U/S.96 R/W O XLI R 1 OF CPC AGAINST THE JUDGMENT AND DECRTEE DATED:31.8.2007 PASSED IN O.S.NO.7165/2002 ON THE FILE OF THE VIII ADDL. CITY CVIIL JUDGE, BANGALORE (CCH-15), DISMISSING THE SUIT FOR MANDATORY INJUNCTION AND PROHIBATORY INJUNCTION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
RFA No. 334 of 2008
JUDGMENT
When the matter was posted on 26.05.2023, none
appeared for the appellant and hence as a last chance, the
matter was ordered to be listed on 02.06.2023.
Even today when the matter was called out, none appeared for the appellant. It appears that the appellant is not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
HA
List No.: 1 Sl No.: 49
1 provisions across 1 enactments
SRI N MOHAN S/O LATE V. NAGAPPA
THE SECRETARY MUDALIAR SEVA SANGHA NO.8
H.T. NARENDRAPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
