Regular first appeal against rejection of plaint listed repeatedly for non-compliance of office objections; neither objections complied with nor cost paid despite time granted, so the appeal was dismissed for non-prosecution.
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NC: 2024:KHC:11450-DB RFA No. 306 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 306 OF 2022 (PAR)
BETWEEN:
SRI J S KUMAR, S/O LATE J.S.SONNAPPA, AGED ABOUT 80 YEARS, R/AT NO.371, 3RD MAIN, 4TH BLOCK, HBR LAYOUT, KALYANA NAGAR POST, BENGALURU-560 043.
…APPELLANT
Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA
(BY SRI H MAREGOWDA, ADVOCATE [ABSENT])
AND:
RESPONDENTS NO. 2 TO 5 ARE R/AT NO.5/55, OLD POLICE STATION ROAD, K.G.HALLI, BENGALURU-560 045.
NC: 2024:KHC:11450-DB RFA No. 306 of 2022
AGED ABOUT 58 YEARS, R/AT NO.404, SALITAIRU RESIDENCY OPP. KOTAHNUR POLICE STATION, HENNUR MAIN ROAD, BENGALURU-560 077.
KALYANA NAGAR POST, BENGALURU-560 043.
…RESPONDENTS
(BY SRI JAYANTH RANGANNA, ADVOCATE FOR C/R13)
THIS RFA IS FILED UNDER SEC. 96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE ORDER DATED 24.01.2022 PASSED ON IA.NO.III IN OS.NO. 1139/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE IA.NO.III FILED UNDER ORDER VII RULE 11(a) OF CPC., FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, S.G.PANDIT J., DELIVERED THE FOLLOWING:
NC: 2024:KHC:11450-DB RFA No. 306 of 2022
JUDGMENT
Sd/JUDGE
Sd/JUDGE
MPK CT:BR List No.: 1 Sl No.: 15
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution due to non-compliance of office objections and non-payment of costs.
1 provisions across 1 enactments
Sri J S Kumar
Smt. Hemavathi
Sri Jayaram
Sri N Chandrashekar
Sri N Yadukumar
Smt. Manjula
S.G.Pandit
C.M.Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
