Civil appellate court dismissed a miscellaneous first appeal for non-prosecution after failing to list counsel for appellants, noting lack of interest.
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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. 5809 OF 2023 (CPC)
BETWEEN:
BOTH ARE RESIDING AT NO.C 201, MAJESTIC RESIDENCY THAVAREKERE, BANGALORE – 560 029
…APPELLANTS
(BY SRI. AMAR GOWDA K.S., ADVOCATE - ABSENT)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
NOW RESIDING AT DANDUPALYA VILLAGE, WARD NO.23, NEXT TO JAGANATH HOUSE, NEAR SHANIMAHATMA TEMPLE, NEAR M.V.J. HOSPITAL, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114
NC: 2024:KHC:35686 MFA No. 5809 of 2023
BOTH ARE RESIDING AT NO.201, MAJESTIC RESIDENCY THAVAREKERE, BANGALORE – 560 029
…RESPONDENTS
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED:21.03.2023 PASSED ON I.A.NO. 1 AND 2 IN OS.NO.2264/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE, REJECTING THE I.A.NOS. 1 AND 2 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
This is an appeal of the year 2023. Office has raised as
many as nine objections. As per the Registry, on 31.05.2024, the counsel for the appellants was absent and it is observed that in spite of lapse of more than nine months, the counsel for the appellants has not complied with the office objections raised by the Office and the matter was directed to be placed before the Court.
p.m. On 31.08.2024 also, the matter was directed to be listed
under the caption 'dismissal' today at 2:30 p.m. Today also, there is no representation on behalf of the appellants. It appears that the appellants are not interested to pursue this appeal.
Accordingly, the appeal is dismissed for non-
prosecution .
SD/(LALITHA KANNEGANTI) JUDGE
MEG List No.: 3 Sl No.: 2
VIJAYA ADITYA KUMAR S/O LATE K.MUNIVENKATAPPA
VINAYA KUMAR S/O LATE K.MUNIVENKATAPPA
SMT. BHAVANI. N W/O SHRI CHENAKESHAVA REDDY
SMT.UMA @ UMADEVI W/O LATE K.MUNIVENKATAPPA
SRI.NAVEEN KUMAR S/O LATE K.MUNIVENKATAPPA
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
