In a regular first appeal under Section 96 of the CPC, the High Court of Karnataka dismissed the appeal for non-prosecution after the counsel stated they could not obtain instructions from the appellants to continue prosecuting the matter.
The appeal is 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.
NC: 2023:KHC:20249 RFA No. 549 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 549 OF 2008 (DEC)
BETWEEN:
…APPELLANTS
(BY SRI. M NARAYANA REDDY., ADVOCATE)
AND:
Digitally signed by DHANALAKSHMI SRI DEEP CHAND MURTHY S/O. NOTH KNOEN Location: High AGED ABOUT 44 YEARS Court of VIJAYADEEP AGENCIES Karnataka NO.7, A.M. ROAD, J.C. ROAD CROSS BANGALORE -02
…RESPONDENT
(NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:29.9.2007 PASSED IN O.S.NO.5907/2005 ON THE FILE OF THE I ADDL. CITY CIVIL AND SESS. JUDGE, BANGALORE (CCH-2), DISMISSING THE
NC: 2023:KHC:20249 RFA No. 549 of 2008
SUIT FOR DECLARATION AND PERMANENT INJUNCTION. AND MANDATORY INJUNCTION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Sri M. Narayana Reddy, appearing for the appellants submits that the appellants have taken back the entire file to engage some other counsel, but he has not engaged any other counsel and not instructed me to continue in this case. Inspite of his best efforts, he is unable to get any instructions from his client to prosecute the appeal.
Submission of learned counsel Sri M. Narayana Reddy appearing for the appellant is taken on record.
It appears that the appellants are not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
HA
List No.: 1 Sl No.: 40
1 issue framed by the court
Whether an appeal should be dismissed for non-prosecution without instructions from the client.
1 provisions across 1 enactments
SRI P THIMMAIAH
SMT P T SHANTHAKUMARI
DHANALAKSHMI SRI DEEP CHAND MURTHY
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
