Regular first appeal filed under S. 96 CPC against a permanent injunction decree. The court held that service of notice was insufficient and the appellant was absent. The appeal was dismissed for nonprosecution due to lack of prosecution.
The appeal was dismissed for nonprosecution.
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:39820 RFA No. 687 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 687 OF 2009
(PAR/INJ)
BETWEEN:
SMT. V. ANURADHA W/O RAGHUPATHI AGED ABOUT 39 YEARS R/AT NO.5, MARUTHI EXTENSION, 14TH CROSS, SUDINDRANAGAR MALLESHWARAM, BANGLAORE-560003.
…APPELLANT
(BY SRI. B.E.PRASANNA, ADVOCATE - ABSENT)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
SRI. S. D. NAGARAJA S/O S. V. DWARAKANATH AGED ABOUT 62 YEARS R/AT NO.U-26, MARUTHI EXTENSION, 14TH CROSS, SUDINDRANAGAR MALLESHWARAM, BANGALORE-560003.
…RESPONDENT
(BY SRI. SRINIVASA BHAT., ADVOCATE)
THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.04.2009 PASSED IN OS.NO.6582/2005 ON THE FILE OF THE XXXIX ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:39820 RFA No. 687 of 2009
JUDGMENT
The appellant was earlier represented by
Sri.S.Siddappa, Advocate. Based on the submissions made at the Bar that Sri.S.Siddappa, Advocate is no more, by way of an abundant caution, this Court has issued Court notice to the appellant.
has been returned with an endorsement stating that ‘no such person in the given address’. Therefore, service is held insufficient.
Sd/JUDGE
DL
CT: JL
1 issue framed by the court
Whether the appeal can be decided when the appellant remains absent despite service being held insufficient.
1 provisions across 1 enactments
SMT. V. ANURADHA
SRI. S. D. NAGARAJA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
