Regular First Appeal filed under Section 96 CPC was dismissed for non-prosecution as appellants were absent at final hearing without engaging separate counsel.
Appeal dismissed for non-prosecution.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 391 OF 2008 (INJ)
BETWEEN:
AGED ABOUT 24 YEARS
BOTH 1 AND 2 ARE R/OF DUBASIPALYA NEAR CHAMUNDI TEMPLE, R V COLLEGE POST BANGALORE 57
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
AGED ABOUT 41 YEARS
SINCE DEAD DELETED - NO LRS
BOTH 3 AND 4 ARE R/AT NO 55-B, 2ND MAIN ROAD BAPUJINAGAR, MYSORE ROAD BANGALORE 26
…APPELLANTS
(BY SRI. SHANMUKAPPA.,ADVOCATE)
NC: 2023:KHC:36668 RFA No. 391 of 2008
AND:
G MANOJ KUMAR S/O K M G NAIRAGED ABOUT 37 YEARS R/AT O 197, NITYA NILAYA, GNANABODHINI HIGH SCHOOL, DUBASIPALYA R V COLLEGE POST, BANGALORE 26
…RESPONDENT
(BY SRI A.V.GANGADHARAPPA, ADVOCATE)
RFA FILED U/S 96 R/W O XLI R 1 OF CPC AGAINST THE JUDGMENT & DECREE DT.16.1.2008 PASSED IN OS NO. 15271/2004 ON THE FILE OF THE XIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, DECREEING THE SUIT FOR PERMANENT INJUNCTION, ETC.,
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Sri Shanmukappa, representing appellants, who are defendant Nos. 1 to 4 in the suit, files a memo of retirement. This Court on 22.09.2023 issued Court notice to all the appellants. Case called out. Absent. Since, the appellants have not chosen to engage separate counsel nor appeared before Court in person, left with no other alternative appeal is dismissed for non-prosecution.
Sd/JUDGE
VK List No.: 1 Sl No.: 6
SMT VISHALAKSHAMMA W/O RAMANNAAGED ABOUT 40 YEARS
G BHASKAR S/O RAMANNA
ANANDA (ALSO K ANANDA) S/OF S KRISHNAPPA AGED ABOUT 42 YEARS
SHASHI
G MANOJ KUMAR S/O K M G NAIRAGED ABOUT 37 YEARS
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
