Dismissed
Sri Gullappa v. Iti Employee Housing Co. Operative
Karnataka HCRFA/695/2019
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What is this about?
No. 695 of 2019 IN THE HIGH COURT OF…
What the court decided
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No. 695 of 2019 IN THE HIGH COURT OF…
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RFA No. 695 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. 695 OF 2019 (INJ)
BETWEEN:
Digitally signed by BANGALORE MADHAVACHAR VEENA Location: High Court of Karnataka
All are R/at Mangammapalya Yellakunte Dakle Begur Hobli Bangalore South Taluk
RFA No. 695 of 2019
Bangalore
…Appellants
(By Sri. Mahesha M., Advocate)
AND:
ITI Employee Housing Co Operative Society Limited Represented by its Secretary Being a Society registered under the Karnataka CoOperative Societies Act, ITI Township Dooravaninagar Bangalore-560016
…Respondent ***
This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, praying to set aside the judgment and decree passed by the VIII Additional City Civil Judge at Bangalore in O.S.No.3911/2007 dated 30-11-2010 and set aside the same and allow the appeal and pass such other order/s in the facts and circumstances of the case, in the interest of justice and equity.
This Regular First Appeal coming on for Orders through Physical Hearing/Video Conferencing, this day, the Court made the following:
O R D E R
Called again in the afternoon.
through video conference.
of the old appeals pending for compliance of office
RFA No. 695 of 2019
objections. On the date 23-05-2023, this Court made the following 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 .”
observation was made by this Court:
“Learned proxy counsel for the appellant attempted to secure an adjournment in the matter stating that he is a proxy counsel, however, after coming to know that several and sufficient opportunities were given to learned counsel for the appellant as was depicted to him including reference made on 23.05.2023, he is now seeking a pass over in the matter.
If office objections are not complied with, the Court may proceed to pass appropriate order
RFA No. 695 of 2019
including dismissal of the appeal for nonprosecution, before the matter is called in the next round.
The matter is passed over.”
RFA No. 695 of 2019
opportunities of not less than five times have already been granted to the appellants to comply the office objections. In spite of the same and despite the observations made by this Court, as above, the appellants since have not complied the office objections nor shown any reasons for non-appearance nor even appeared through video conference, it is clear that they have not evinced any interest in prosecuting the matter. Accordingly, the appeal stands dismissed for non-prosecution and also for noncompliance of office objections.
Sd/JUDGE
BMV* List No.: 1 Sl No.: 87
Gullappa & Ors.
ITI Employee Housing Co Operative Society Limited
H.B. Prabhakara Sastry
As recorded by the court registry
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