Dismissed¶31

Sri K M Mohammed Akbar v. Sri M B Ramachandran

Karnataka HC20 Nov 2025RFA/1191/2008

Case brief

AI extract

What is this about?

Dismissal for non-prosecution of a Section 96 CPC regular first appeal (RFA No. 1191 of 2008) against the 29.07.2008 decree in OS.No. 10831/1997 (XXVIII Addl. City Civil Judge, Mayohall Unit, Bangalore) dismissing a suit for declaration and permanent injunction; appellant absent after Court Notice held sufficiently served; no merits decided; Karnataka HC, V Srishananda J, 20 November 2025.

What did the court decide?

Service of the Court Notice issued to the appellant was held sufficient notwithstanding the absence of the appellant/counsel. ¶10

Sri K M Mohammed Akbar Vs Sri M B Ramachandran — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:48151 RFA No. 1191 of 2008

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1191 OF 2008 (DEC)

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BETWEEN:

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SRI K M MOHAMMED AKBAR S/O SRI MOHIDDEN SAB AGED ABOUT 52 YEARS R/A NO.11, 5^TH CROSS ROAD KEMPAIAH BLOCK, J.C.NAGAR, MUNIREDDYPALYA, BANGALORE - 560 006

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…APPELLANT

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(BY SRI. K.M. MOHAMMED AKBAR, ADVOCATE - ABSENT SERVICE OF COURT NOTICE ISSUED IS HELD SUFFICIENT)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SRI M B RAMACHANDRAN S/O SRI BYRAPPA SINCE DEAD BY HIS LRS

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1A. MT. M. HEMALATHA W/O.LATE M.B. RAMACHANDRAN AGED ABOUT 74 YEARS RESIDING AT NO.55, NANDIDURGA ROAD, BENGALURU - 560 046.

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1B. SRI. R. PRAVEEN S/O.LATE M.B.RAMACHANDRAN AGED ABOUT 52 YEARS RESIDING AT NO.55. NANDIDURGA ROAD BENGALURU - 560 046.

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2 - NC: 2025:KHC:48151 RFA No. 1191 of 2008

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HC-KAR

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1C. SMT. PAVITHRA.R D/O.LATE M.B.RAMACHANDRAN W/O. Y. SURENDRA AGED ABOUT 55 YEARS RESIDING AT NO.55, NANDIDURGA ROAD, BENGALURU - 560 046.

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ALSO AT NO.33, 13^TH CROSS AECS LAYOUT, SANJAY NAGAR. BENGALURU - 560 094.

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1D. SMT. PALLAVI.R D/O.LATE M.B.RAMACHANDRAN AGED ABOUT 50 YEARS R/AT NO.55, NANDIDURGA ROAD, BENGALURU - 560 046.

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…RESPONDENTS (BY SRI. H.R. ANANTHAKRISHNA MURTHY, ADV. FOR R1(A TO D))

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THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE JUDGEMENT AND DECREE DATED 29.07.2008 PASSED IN OS.NO. 10831/1997 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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