First appeal filed under CPC Sec.96 for permanent injunction dismissed. Appellants' counsel absent after prior direction to comply office objections. Court held non-prosecution valid.
Appeal stands dismissed for noncompliance of office objections and non-prosecution
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NC: 2023:KHC:19261 RFA No. 959 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2023 BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 959 OF 2020 (INJ)
BETWEEN:
Digitally signed by VEENA KUMARI B Location: High Court Of Karnataka
ALL ARE RESIDING AT C/O SAVITHRI VARADARAJ, NO.11, 1ST CROSS, AMBEDKARNAGAR, VIJINAPUR, DOORVANINAGAR, BANGALORE-560016.
…APPELLANTS
(BY SRI. MUNI RAJU S.,ADVOCATE (ABSENT))
NC: 2023:KHC:19261 RFA No. 959 of 2020
AND:
…RESPONDENT
(BY SRI. G R MOHAN., ADVOCATE FOR CAVEATOR/RESPONDENT)
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 R/W. UNDER ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.10.2019 PASSED IN OS No.16189/2006 ON THE FILE OF THE LXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU (CCH-74) DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellants is neither present physically nor through video conference. No reasons are forthcoming for his nonappearance. Learned counsel for caveator alone is physically present.
‘
NC: 2023:KHC:19261 RFA No. 959 of 2020
“Learned counsel for the appellants is neither present physically nor through Video Conference.
Learned counsel for the Caveator/respondent alone is present.
As finally, a week’s time is granted to comply the office objections, failing which, the Court may proceed to pass appropriate orders, including dismissal of the appeal for non-compliance 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 06.06.2023.”
3. In spite of the above, the appellants have neither
complied the office objections nor shown any reasons for his nonappearance either physically or through video conference.
comply these simple office objections sufficient time has been taken by the appellant since from the year 2020.
reasons to grant 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.: 43
2 issues framed by the court
Whether an appeal should be allowed to proceed when appellants' counsel fails to appear despite prior directions.
Whether the failure to comply with trivial office objections justifies dismissal of the appeal.
1 provisions across 1 enactments
Smt. Jayamma & Ors.
Sri Althaf Basha
H.B. Prabhakara Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
