This court dismissed the regular first appeal of the appellant for non-prosecution, as the appellant failed to appear on multiple subsequent dates of hearing.
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RFA No. 404 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 404 OF 2008 (INJ)
BETWEEN:
SRI NARAYANAPPA S/O LATE MUNISHAMAPPA R/AT LAGGERE VILLAGE YESWANTHAPURA HOBLI BANGALORE NORTH TALUK.
…APPELLANT
(BY SRI. ARUN KUMAR.,ADVOCATE AND SRI. S. VEMA REDDY, ADVOCATE [ABSENT]) AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
SRI SINGE GOWDA S/O SRI. C. RANGAPPA MAJORR/AT RAJAJINAGAR 1ST MAIN ROAD, SHIVANAHALLI BANGALORE-560 010.
…RESPONDENT (BY SRI. R.B. SANGAMESH., ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 04.12.2007 PASSED IN OS.NO.5538/2003 ON THE FILE OF THE V ADDL.CITY CIVIL JUDGE, BANGALORE, CITY, DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
RFA No. 404 of 2008
JUDGMENT
On 27.3.2023, when the matter was called out, none appeared for the appellant and hence, the matter was adjourned to 17.4.2023. Again on 17.4.2023, when the matter was called out, there was no representation either for the appellant or respondent and hence, the matter was ordered to be listed after summer vacation, 2023.
On 26.5.2023, when the matter was called out, none appeared for the appellant and hence the matter was ordered to be listed on 29.5.2023 at the top of the list for orders.
Even today when the matter was called out, none appeared for the appellant. The learned counsel for the respondent is present. It appears that the appellant is not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution.
DM
List No.: 1 Sl No.: 1
Sd/JUDGE
Sri Narayanappa
Sri Singe Gowda
H.T. Narendra Prasad
As recorded by the court registry
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