Appeal against decree dismissing a suit for declaration and permanent injunction was dismissed for non-prosecution, as the appellant was unrepresented on multiple hearing dates and steps to serve notice on respondents had not been taken.
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NC: 2024:KHC:35922-DB RFA No. 1373 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 1373 OF 2014 (DEC/INJ)
BETWEEN:
SRI VENKATAWAMY S/O LATE VENKATARAMANAPPA AGED ABOUT 75 YEARS R/AT BASVANNA TEMPLE STREET KARAGADA BEEDI HESARGHATTA (V) & (H) BANGALORE NORTH TALUK PIN - 560088.
…APPELLANT
(BY SRI. RAVI KUMAR K M.,ADVOCATE (ABSENT))
AND:
Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT KEREBAKALU, KARAGADA TEMPLE ST. DODDAPET, DODDABALAPUR BANGALORE RURAL DISTRICT 561203.
…RESPONDENTS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 AND 2 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 15.4.2014 PASSED IN O.S.NO.1148/2009 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
Memo dated 2.1.2018 filed by learned counsel for the
appellant seeking leave to retire from the case is rejected since acknowledgement for having served notice on the appellant is not placed on record.
dismissed for non prosecution.
Sd/(S.G.PANDIT) JUDGE
Sd/(C.M. POONACHA) JUDGE
ND List No.: 1 Sl No.: 16
1 provisions across 1 enactments
Venkatawamy
Subbamma @ Papamma
Ramakka
Akkayamma
Muniraju
S.G.Pandit
C.M.Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
