Appeal against an interlocutory injunction order in a property suit; no representation for the appellants on two consecutive hearings and the appeal was dismissed for non-prosecution.
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NC: 2024:KHC:37564 MFA No. 320 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 320 OF 2017 (CPC)
BETWEEN:
BOTH ARE R/AT S-113, MAYA INDARAPRASTHA, SOUTH TOWER, 11TH FLOOR, 6TH PHASE, J.P.NAGAR, BANGALORE -560 078
…APPELLANTS
(BY SRI. RAVISHANKAR S., ADVOCATE-ABSENT)
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
AND:
MR V.NAGARAJ S/O. LATE. K.S.VENKATARAM, AGED ABOUT 65 YEARS, R/AT NO. 796, 36TH -A-CROSS, 4TH -T-BLOCK, JAYANAGAR, BANGALORE -560 041
…RESPONDENT (BY SRI. B.G.SRIRAM, ADVOCATE) THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED: 07.11.2016 PASSED ON I.A.NO.1 IN O.S.NO.7682/2016 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, WHEREIN ORDERING THAT, DEFENDANT NO.3 & 4 ARE THEREBY RESTRAINED FROM PUTTING UP FURTHER CONSTRUCTION IN THE DISPUTED PROPERTY AND THEY
NC: 2024:KHC:37564 MFA No. 320 of 2017
SHALL NOT ALIENATE THE SUIT SCHEDULE PROPERTY EITHER IN FAVOUR OF DEFENDANT NO.5 & 6 OR IN FAVOUR OF ANY OTHER PERSONS. FOR W.S. AND OBJECTION OF DEFENDANT NO.3 & 4 AND OTHER TO ISSUE SUIT SUMMONS TO DEFENDANT NO.1 & 2 AND 5 & 6. THIS APPEAL, COMING ON FOR ‘DISMISSAL’, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
When this matter came up on 09.09.2024, as there was no representation on behalf of the appellant and this court had directed the matter to be listed under the caption for ‘dismissal’ on 12.09.2024.
Today when the matter came up 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
TS List No.: 1 Sl No.: 27
1 provisions across 1 enactments
Sri S. Soundararajan
Smt. Sumitha
Mr V. Nagaraj
Lalitha Kanneganti
As recorded by the court registry
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