Miscellaneous first appeal under Order 43 Rule 1(r) CPC challenging an interlocutory order. The appellant failed to appear on multiple dates and did not comply with registry objections; the High Court dismissed the appeal for non-prosecution.
None; appeal dismissed for non-prosecution.
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 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2880 OF 2024 (CPC)
BETWEEN:
SRI. SRINIVASA.M S/O MOTAPPA, AGED ABOUT 75 YEARS, R/AT NO.94, 2ND MAIN, KHB COLONY, GANDHINNAGAR EXTENSION, ELAHANKA, BANGALORE - 560 064.
…APPELLANT
(BY SMT. RAJESHWARI M., ADVOCATE -ABSENT)
AND:
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
SMT. SOWMYA A.N.GOWDA D/O ASHWATH NARAYANA GOWDA, AGED ABOUT 36 YEARS, R/AT 1ST MAIN, 1ST CROSS, MUNEESHWARA NAGAR, KOLAR CITY - 563 101.
…RESPONDENT THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, PRAYING TO SET ASIDE THE ORDER DT.25.04.2023 PASSED ON IA NO.1 IN O.S.NO.3128/2024 ON THE FILE OF THE XXV ADDITIONAL CITY CIVIL AND SESSION JUDGE, (CCH-28), BENGALURU.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC:35685 MFA No. 2880 of 2024
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
The Registry has raised six objections. When the matter was placed before this Court on 07.05.2024, one week time was granted to comply with the office objections. Thereafter, when the matter came up before this Court on 30.08.2024, as there was no representation on behalf of the appellant, the matter was directed to be listed for 'dismissal' on 31.08.2024 at 4:30 p.m. On 31.08.2024, again the matter was directed to be listed for 'dismissal' today at 2:30 p.m. Today also, there is no representation on behalf of the appellant. It appears that the appellant is not interested to pursue the matter.
Accordingly, the appeal is dismissed for non-
prosecution .
SD/(LALITHA KANNEGANTI) JUDGE
MEG
List No.: 3 Sl No.: 5
Sri. Srinivasa.M
Smt. Sowmya A.N.Gowda
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
