Appeal against rejection of a temporary injunction application was dismissed for non-prosecution as the appellant failed to comply with office objections despite repeated opportunities and no representation appeared.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 3664 OF 2022 (CPC)
BETWEEN:
M/S. ALEX ENTERPRISES, PROPRIETORSHIP CONCERN, REPRESENTED BY MR. S.M. ALEX, OFFICE AT NO. B-1263, MITTAL TOWERS, M.G. ROAD, BANGALORE - 560 001, REPRESENTED BY ITS PROPRIETOR MR. S.M. ALEX.
…APPELLANT
(BY SRI. KRISHNA S. VYAS, ADVOCATE (ABSENT))
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
…RESPONDENTS (BY SRI. K.R. KRISHNA MURTHY, ADVOCATE FOR R1)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 18.10.2021 PASSED ON I.A. NO.1/2020 IN O.S.NO. 602/2020 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCCH.11), REJECTING I.A. NO.1 FILED UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF CPC. 1908.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is no representation for appellant.
Matter is listed for further orders non-compliance of office objections for 4th time. Though sufficient time was granted for compliance of office objections, they are not yet complied. Even till date, office objections are not complied, this would indicate that appellant is not diligent in prosecuting appeal.
Hence, appeal is dismissed for non-prosecution.
Sd/JUDGE
PK List No.: 1 Sl No.: 4 CT: BHK
2 provisions across 1 enactments
M/S. ALEX ENTERPRISES, PROPRIETORSHIP CONCERN, REPRESENTED BY MR. S.M. ALEX
M/S. GREGORIAN MILLENNIUM ASSOCIATION (GMA)
MRS. THANKAMMA CHACKO
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
