The High Court of Karnataka dismissed a miscellaneous first appeal under O. 43 R. 1(r) of CPC for want of prosecution as the appellant's counsel failed to appear despite multiple listings and opportunities to file vakalat.
Miscellaneous First Appeal No. 1806 of 2017 (CPC) dismissed for not taking steps by counsel.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 1806 OF 2017 (CPC)
BETWEEN:
BANGALORE-560 084
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
AGED ABOUT 33 YEARS. W/O NELSON RAJ R/AT 80/141, BOWDEN STREET, MEADOWBANK, NSW-2114, AUSTRALIA. REPRESENTED BY HER GPA HOLDER (MOTHER), MRS. BUELA SELVARAJ, AGED ABOUT 63 YEARS. W/O MR. IGNATIUS SELVARAJ
…APPELLANTS
(BY SRI. PUNEETH K., ADVOCATE)
AND:
RESPONDENTS NO.4 AND 5 ARE R/AT NO.598, 2ND CROSS, THIRD BLOCK, KORAMANGALA, BENGALURU-560039
AGED ABOUT 28 YEARS
B KAMAL KUNJUS ROAD KHAR BOMBAY-52.
S/O SRI. MANGAL CHAND PRAKASH, AGED ABOUT 66 YEARS, GE ROAD NEAR TELEGRAPH OFFICE, RAGMANDGOAN, MADHYA PRADESH-470125.
D/O VINOD KUMAR GROVER, AGED ABOUT 43 YEARS NO.15, 80 FEET, ROAD, KORAMANGALA NO. B-193 SARITHA VIHAR NEW DELHI-44.44
KARAYORAM KOTHAYAM KERALA-686003
NO.# 154, GROUND FLOOR, 9TH CROSS, INDIRANAGAR 1ST STAGE, BENGALURU-560018
NO.33 AND 34, HIREMATH LAYOUT, GEDDALAHALLI, KOTHANUR POST, BENGALURU-560077
NC: 2024:KHC:48843 MFA No. 1806 of 2017
GEDDALAHALLI, KOTHANUR POST, BENGALURU-560077
…RESPONDENTS
(BY SRI. JANARDHAN G., ADVOCATE FOR R1,; R2, R4, R5, R20, R32, R17, 21 ARE SERVED AND UNREPRESENTED;
SRI H.KUMARASWAMY & SRI H.V.BHANUPRAKASH, ADVOCATE
FOR R10, R11, R14, R15, R18, R23;
SRI H.V.BHANU PRAKASH, ADVOCATE FOR R22; SRI M.A.SEBASTIAN, ADVOCATE FOR R25 AND R26; SRI GIRIDHAR H., ADVOCATE FOR R34, R35, R39 AND R40)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 07.12.2016 PASSED ON I.A. NO.1 IN O.S.NO.7132/2015 ON THE FILE OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-14), DISMISSING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 CPC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC:48843 MFA No. 1806 of 2017
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
The learned counsel for the appellant is absent.
When the matter was listed on 10.08.2022, there was no representation on behalf of the appellants and also when the matter was listed on 12.08.2022, this Court finally a week’s time granted to do the needful i.e., for taking of steps. Inspite of opportunity has been given, counsel has not taken steps. This appeal is of the year 2017.
In view of not taking of steps, it appears the appellants’ counsel is not pursuing the matter diligently. Hence, the appeal is dismissed for not taking steps.
Sd/(H.P.SANDESH) JUDGE
RHS List No.: 1 Sl No.: 2
1 issue framed by the court
Whether the miscellaneous first appeal should be dismissed for want of prosecution.
1 provisions across 1 enactments
Smt. Buella Selvaraj and others
Sri J.L. Nathan and others
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
