The High Court of Karnataka dismissed a regular first appeal filed under Section 96 of the CPC for default due to the non-appearance of the appellant's counsel during hearing sessions.
The appeal has been dismissed for default non-prosecution reserving liberty to seek revival.
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:41049 RFA No. 665 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.665 OF 2019
BETWEEN:
MR MOHAMMED HANEEF @ ILLYAZ S/O LATE PUTTUR MASTAN ABDULLA, AGED ABOUT 53 YEARS, R/AT NO.19B, 7TH CROSS, CHICK BAZAAR ROAD, SHIVAJINAGAR, HKP ROAD, BANGALORE – 560 051.
…APPELLANT
(BY SRI. EUGENE PRABHU BARRAT, ADVOCATE (ABSENT))
AND:
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT NO.8, B.NO. 2ND STREET, CHAND CHOW ROAD CROSS, SHIVAJINAGAR, BANGALORE.
…RESPONDENTS
(BY SRI. M D RAGHUNATH, ADVOCATE FOR C/R-3)
NC: 2023:KHC:41049 RFA No. 665 of 2019
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE ORDER DATED 08.03.2019 PASSED ON I.A. IN EX.NO.15043/2017 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSE JUDGE AND XXIII ACMM, BENGALURU, DISMISSING THE I.A. FILED UNDER ORDER 21 RULE 97 R/W SEC.151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS , THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
On 14.09.2023, this Court passed the following order:
“Counsel not present.
Finally, two weeks time granted for compliance of office objection, failing which appeal stands dismiss for default.”
remained absent both during pre-lunch and post-lunch sessions.
Further, the order sheet discloses that learned counsel for the
appellant has repeatedly remained absent. Under these circumstances, I have no other option but to dismiss the appeal for non-prosecution reserving liberty in favour of the appellant to seek
revival of the appeal, if occasion so arises.
Sd/JUDGE
SV
List No.: 1 Sl No.: 14
Mohammed Haneef @ Ilyaz
G.M. Malik
G.M. Khaild
Naseema Banu
Ameena Bee
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
