Routine order dismissing a regular first appeal for non-prosecution because the appellant had taken back the file and failed to return it.
Appeal dismissed for abandonment/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:42326 RFA No. 570 of 2009 C/W RFA No. 571 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 570 OF 2009 (INJ)
C/W
REGULAR FIRST APPEAL NO. 571 OF 2009
IN RFA NO.570/2009
BETWEEN:
MR.S.SHYAM PRASAD, S/O. LATE S. RAMPRASAD, AGED ABOUT 41 YEARS, R/AT NO.31, PARK ROAD, TASKER TOWN, BANGALORE - 560 051.
…APPELLANT
(BY SRI.THEJESH FOR SRI.SHANMUKAPPA BY KESVY AND CO., ADVOCATE)
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
AND:
SRI. S. KRISHNA MOHAN, S/O. LATE S. RAMMOHAN, AGED ABOUT 48 YEARS, R/O. NO.30, PARK ROAD, TASKER TOWN, BANGALORE - 560 051. (DEFENDANT NO.2 IN THE TRIAL COURT)
…RESPONDENT
(BY SRI. SIDDARTH K. SUMAN, ADVOCATE FOR C/R)
THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:28.02.2009 PASSED IN O.S.NO.3822/2000 ON THE FILE OF THE XXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH NO.38)BANGALORE, DISMISSING THE SUIT FOR PERPETUAL INJUNCTION AND THE APPELLANT HEREIN PRAYS TO SET-ASIDE THE ABOVE JUDGMENT AND DECREE IN O.S.3822/2000 AND DECREE THE SUIT AS PRAYER.
IN RFA NO.571/2009
BETWEEN:
MR. S.SHYAM PRASAD, S/O. LATE S. RAMPRASAD, AGED ABOUT 41 YEARS, R/AT NO.31, PARK ROAD, TASKER TOWN, BANGALORE - 560 051.
…APPELLANT
(BY SRI.THEJESH FOR SRI.SHANMUKAPPA BY KESVY AND CO., ADVOCATE)
AND:
SRI. S. KRISHNA MOHAN, S/O. LATE S. RAMMOHAN, AGED ABOUT 48 YEARS, R/O. NO.30, PARK ROAD, TASKER TOWN, BANGALORE - 560 051. (DEFENDANT NO.2 IN THE TRIAL COURT)
…RESPONDENT
(BY SRI. SIDDARTH K. SUMAN, ADVOCATE FOR C/R)
THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:28.02.2009 PASSED IN O.S.NO.4434/2000 ON THE FILE OF THE XXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH NO.38)BANGALORE, DISMISSING THE SUIT FOR PERPETUAL INJUNCTION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Sri.Thejesh, learned counsel appearing on behalf of Sri.Shanmukappa, learned counsel for the appellant submits that appellant has taken back the file and he has not returned the same.
Sd/JUDGE
KAV
List No.: 1 Sl No.: 6 CT:SNN
1 provisions across 1 enactments
MR.S.SHYAM PRASAD
SRI. S. KRISHNA MOHAN
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
