The High Court of Karnataka dismissed a miscellaneous first appeal filed under Order 43 Rule 1(r) and Section 151 of the CPC for non-prosecution. The appellant failed to comply with office objections or pay costs despite the seventh default.
The appeal was dismissed for non-prosecution due to failure to comply with office objections and pay costs.
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 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 2842 OF 2023 (CPC)
BETWEEN:
MR. AJIT S., AGED ABOUT 34 YEARS, S/O MR. SAJJAN, RESIDING AT NO. J-7 3RD CROSS, LAKSHMINARAYANA PURAM, BENGALURU-560 021
…APPELLANT (BY SRI. JAI PRAKASH RAO, ADVOCATE)
AND:
SRI GANESHA FRUIT JUICE CENTRE, NO.155, 4TH CROSS, AKKIPETE MAIN ROAD, BENGALURU.
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
REPRESENTED BY MR. SOMA M.R AGED ABOUT 31 YEARS,
…RESPONDENT
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 151 OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 15.09.2022 PASSED ON I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION OF CPC AND CONSEQUENTLY ALLOW THE I.A.NO.2 FILED UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF CPC IN OS.NO.5949/2022
NC: 2024:KHC:24681 MFA No. 2842 of 2023
ON THE FILE OF THE LEARNED ADDITIONAL CITY CIVIL JUDGE, CCH.NO.36, BENGALURU.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
On 20.06.2024, matter was listed for further orders regarding non-compliance of office objections for 7th time. At request of learned counsel for appellant, a week's time was granted on payment of cost of Rs.1,000/-.
prosecution.
Sd/JUDGE
PMR
List No.: 1 Sl No.: 2
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution due to failure to comply with office objections and payment of costs.
5 provisions across 1 enactments
Mr. Ajit S.
Sri Ganesha Fruit Juice Centre
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
