Appeal against dismissal of a suit for ejectment was called out twice on multiple dates with no representation for the appellants; the High Court dismissed the appeal for non-prosecution.
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NC: 2024:KHC:10132 RFA No. 847 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 847 OF 2012 (RES)
BETWEEN:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
3(b). SRI BHARATH J, S/O LATE R JAYARAM, AGED ABOUT 37 YEARS, BOTH ARE R/AT NO.804C, 2ND MAIN, 8TH BLOCK, KORAMANGALA, BENGALURU - 560 095. (AMENDED AS PER COURT ORDER DATED:18.03.2021)
…APPELLANTS (BY SRI M NARAYAN, ADVOCATE - (ABSENT))
AND:
R1(b). SMT GANGAMMA, D/O LATE NANJAPPA, W/O JAYARAM, AGED ABOUT 65 YEARS, R/AT NO.5, SHANTHINIKETANA, RAMAKRISHNAPURA VILLAGE, CHANDAPURA POST, ANEKAL TALUK, BANGALORE - 99.
R1(c). SRI SHIVARAM, S/O LATE NANJAPPA, AGED ABOUT 63 YEARS, R/AT 324/D, 8TH BLOCK, 2ND MAIN ROAD, KORAMANGALA, BANGALORE - 95.
(CAUSE TITLE AMENDED AS PER COURT ORDER DATED: 01.08.2022).
…RESPONDENTS (BY SRI S B MUKKANAPPA, ADVOCATE FOR R1(C), R1(B), R1(E), R1(D) - SERVED, V/O/DT: 18.03.2021 - NOTICE TO R1(A) HELD SUFFICIENT)
NC: 2024:KHC:10132 RFA No. 847 of 2012
THIS RFA IS FILED UNDER SECTION 96, R/W, O-41, RULE-1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.04.2012 PASSED IN O.S.2162/1993 ON THE FILE OF THE XXV-ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR EJECTMENT.
THIS APPEAL COMING ON FOR DISMISSAL THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
behalf of the appellants. Order sheet would reveal that even on the previous occasion, there was no representation on behalf of the appellants despite the case was ordered to be listed under the caption 'for dismissal'. However, the matter was adjourned to grant one more opportunity. On 05.03.2024, the case was called out twice. Once in the morning session and once in the afternoon session. There was no representation on behalf of the appellants. The matter was adjourned to 12.03.2024 to be listed under the caption 'for dismissal in case of non-compliance of office objections'.
NC: 2024:KHC:10132 RFA No. 847 of 2012
3. Hence, the appeal is dismissed for non-
prosecution.
Sd/JUDGE
GVP List No.: 1 Sl No.: 13
1 issue framed by the court
Whether the regular first appeal should be dismissed for non-prosecution given repeated absence of appellants' counsel.
2 provisions across 1 enactments
Sri Anantha Murthy
Sri R Byrappa
Sri R Jayaram (since deceased, by LRs Smt B Sujatha and Sri Bharath J)
Smt Nagamma (since dead, by LRs)
Sri Siddanna
Smt Gangamma
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
