The court dismissed the first appeal filed against a decree for declaration and permanent injunction due to non-prosecution and a delay of 2349 days in filing the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:36380 RFA No. 606 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 606 OF 2016 (DEC/INJ)
BETWEEN:
SMT KADAMMA, W/O. LATE SRI L THIMMAIAH, AGED ABOUT 68 YEARS, PRESENTLY R/AT NO.104, 6TH CROSS, 1ST MAIN ROAD, KALYANAGAR, BANGALORE - 560072.
…APPELLANT
(BY SRI RAMESH K S, ADVOCATE - (ABSENT))
AND:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI MURUGESH V CHARATI, ADVOCATE FOR R1 & R2, V/O/DT: 30.08.2024 - APPEAL AGAINST R3 STANDS DISMISSED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.08.2009 PASSED IN O.S NO.5319/2005 ON THE FILE OF THE 9TH ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH NO.5) BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
None appears for the appellant. Even on the last date of hearing, there was no appearance on behalf of the appellant.
Appeal is of the year 2016, till today the matter has not reached the stage of Admission on account of delay in filing the appeal.
appeal is dismissed for non-prosecution .
Sd/(V SRISHANANDA) JUDGE
GVP/List No.: 1 Sl No.: 44
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution due to excessive delay?
1 provisions across 1 enactments
SMT KADAMMA
THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY
THE DEPUTY SECRETARY - 1, (ESTABLISHMENT), BANGALORE DEVELOPMENT AUTHORITY
SMT RANGAMMA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
