The Court dismissed the first appeal filed under Section 96 CPC as the appellant failed to appear physically or via video conference despite prior notices and prior orders granting chances to comply with office objections.
Appeal dismissed for non-compliance of office objections and for non-prosecution.
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RFA No. 583 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL NO. 583 OF 2019 (SP)
BETWEEN:
MRS. SUJATHA AGED ABOUT 45 YEARS, D/O GOPALKRISHNA R/AT DOOR NO.21/177, GANDHINAGAR KAVOOR MANGALURU - 575 001
…APPELLANT
(BY SRI. HARISH KUMAR M.C., ADVOCATE (ABSENT))
AND:
Digitally signed by VEENA KUMARI B Location: High Court of Karnataka
MR. SUNIL KINI S/O SADASHIVA KINI AGED ABOUT 47 YEARS, R/AT # 104, MAHESH DEV TOWERS NAR PRAGATHI SERVICE STATION ALAKE MANGALURU -575003
…RESPONDENT
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC. 96 R/W ORDER XLI RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 29.01.2019 PASSED IN OS.NO. 174/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., MANGALURU, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND MANDATORY INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:
RFA No. 583 of 2019
ORDER
None appear for the appellant either physically or
through video conference. No reasons are forthcoming for his nonappearance.
observation.
“None appear in the matter either physically or through Video Conference.
As a final opportunity, two days time is granted to comply the office objections, failing which, the Court may proceed to pass appropriate orders, including dismissal of the appeal for noncompliance of office objections.
In case, if the office objections are not complied with in their entirety within the said time, registry to list the matter on 26.05.2023 .
appellant has neither complied the office objections nor shown any reasons for his nonappearance either physically or through
video conference in this appeal of the year 2019.
Appellant has not complied office objection despite
granting him opportunities of not less than five times.
RFA No. 583 of 2019
not evincing any interest to comply with office objections and for even prosecuting the matter, I do not find any reasons to
grant any further time for compliance of office objections.
Accordingly, appeal stands dismissed for noncompliance of office objections, as well as for non-prosecution.
Sd/JUDGE
BVK List No.: 1 Sl No.: 86
1 issue framed by the court
Whether the first appeal should be dismissed for non-compliance of office objections and non-prosecution.
1 provisions across 1 enactments
Mrs. Sujatha
Mr. Sunil Kini
H.B. Prabhakara Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
