The High Court of Karnataka dismissed a regular first appeal for non-prosecution after finding the appellants were absent and showed no interest in prosecuting the appeal despite being called in open court.
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NC: 2024:KHC:12766 RFA No. 43 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO.43 OF 2011 (PAR)
BETWEEN:
BOTH ARE R/AT NO.850, 2ND CROSS, RAMADEVAGARDEN, KACHARKANAHALLI, ST.THOMAS, TOWN POST, BANGALORE-560 084.
…APPELLANTS
(APPELLANTS-ABSENT)
Digitally signed by AND: THEJASKUMAR N Location: HIGH COURT OF 1. SMT. LAKSHMAMMA KARNATAKA W/O LATE K.R.MUNIRAJU, AGED ABOUT 61 YEARS,
NC: 2024:KHC:12766 RFA No. 43 of 2011
SL.NO.1 TO 3 ARE R/AT NO.1699, RAMADEVAGARDEN, 2ND CROSS, KACHARAKANAHALLI ST.THOMAS TOWN POST, BANGALORE-560 084.
AGED ABOUT 73 YEARS, R/AT NO.1175, 12TH 'B' MAIN, HAL II STAGE, INDIRANAGAR, BANGALORE-560 008.
…RESPONDENTS
(BY SRI. P.M.SIDDAMALLAPPA., ADVOCATE FOR R1 TO R3; R4 TO R8, R10, R13, R14-SERVED AND UNREPRESENTED; SRI. T.K.RAJAGOPALA., ADVOCATE FOR R9, R11 AND R12)
NC: 2024:KHC:12766 RFA No. 43 of 2011
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:18.10.2009 PASSED IN O.S.7351/2009 ON THE FILE OF THE XX-ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE.
THIS REGULAR FIRST APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The names of the appellants is called out thrice in the open Court. There is no representation on behalf of the appellants either personally or through video conferencing. The appellants are absent.
As could be seen from the daily order sheet, the appeal was listed on 18.03.2024, on that day, counsel on record H.P.Leeladhar & Co. to retire from the case and the registry was directed to show the name of the appellants in the cause list and the appeal was ordered to be listed on 27.03.2024.
The appeal is listed today by showing the name of the appellants in the cause list.
As already noted above, the name of the appellants is called out thrice in the open Court. There is no representation
NC: 2024:KHC:12766 RFA No. 43 of 2011
on behalf of the appellants either personally or through video conferencing. The appellants are absent. It appears that the appellants are not interested in prosecuting the appeal. Hence,
the Regular First appeal is dismissed for non-prosecution.
Sd/JUDGE
TKN List No.: 1 Sl No.: 53
V. Surendra & Ors.
Lakshamma & Ors.
Jyoti Mulimani
As recorded by the court registry
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