An appeal against a judgment in a specific performance suit was dismissed as non-prosecuted because the appellant failed to appear or file representation on consecutive dates before the court.
Appeal dismissed for non-prosecution; Interim application disposed of.
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RFA No. 701 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
REGULAR FIRST APPEAL NO. 701 OF 2022 (SP)
BETWEEN:
Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA
MR. SYED NAYEEM AHMED S/O LATE ALHAJ SYED HUSSAIN SAHEB AGED ABOUT 69 YEARS RESIDING AT NO.179 UDDANI LAYOUT, CAMBRIDGE ROAD ULSOOR, BANGALORE-560 008 …APPELLANT
(BY SHRI. S.V. GIRIDHAR, ADVOCATE – [ABSENT])
AND:
MRS. KHURSHEED BEGUM W/O LATE SYED DAWOOD AGED ABOUT 81 YEARS RESIDING AT FLAT NO.G-76 STORES STREET, KALASIPALYAM BANGALORE-560 002 …RESPONDENT
(BY SHRI. MOHAMED SHAFIULLA, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 29.01.2022 PASSED IN OS No.6506/2013 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS, JUDGE PARTLY DECRREING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS RFA, COMING ON FOR ADMISSION, THIS DAY, P.S.DINESH KUMAR J. , DELIVERED THE FOLLOWING:
RFA No. 701 of 2022
JUDGMENT
None appeared for the appellant on 16.11.2022 and 07.12.2022. There is no representation even today. Since there is no representation on behalf of the appellant on consecutive dates, this appeal is dismissed for non-prosecution.
does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE
Sd/JUDGE
AV
List No.: 1 Sl No.: 38
MR. SYED NAYEEM AHMED
MRS. KHURSHEED BEGUM
P.S.DINESH KUMAR
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
