Regular first appeal against dismissal of a suit for declaration and mandatory injunction. Counsel for the appellant remained absent despite a peremptory order and office objections were not complied with; the appeal was dismissed for default.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 1577 OF 2022 (DEC/INJ)
BETWEEN:
SRI. Y.M. DASTAGIR KHAN, S/O MAHABOOB KHAN, AGED ABOUT 58 YEARS, R/A NO.596/10, 75TH B CROSS, 10TH G MAIN ROAD, 6TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010.
…APPELLANT
(BY SRI. HARISHA A.S, ADVOCATE (ABSENT))
AND:
Digitally signed by MAMATHA R Location: High Court of Karnataka
MALLESHWARAM, BENGALURU - 560 003.
…RESPONDENTS
(BY SRI. R.A. MACHAKNUR, HCGP FOR R1)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 04.07.2022 PASSED IN OS No.2849/2021 ON THE FILE OF THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND MANDATORY INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
Inspite of the Peremptory order dated 29.11.2024,
the counsel for the appellant remained absent.
The appeal is pending from September 2022. Not complied the office objection continuously inspite of granting sufficient opportunity. Hence, the appeal is
dismissed for default.
Sd/(K.NATARAJAN) JUDGE
VS List No.: 1 Sl No.: 12 CT: BHK
Sri. Y.M. Dastagir Khan
The State of Karnataka, by its Secretary, Department of Education
The Commissioner for Public Instructions
The Secretary, Karnataka Secondary Education Examination Board (SSLC)
The Head Master/Head Mistress, Government Primary School, Yadaganapally
The Head Master/Head Mistress, Government Middle School, Addagal
K. Natarajan
As recorded by the court registry
2 orders share this CNR
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