Dismissed¶38

Sri S Irshad v. Sri Papanna

Karnataka HC19 Aug 2025RFA/1684/2015

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru (DB: Jayant Banerji & Umesh M Adiga, JJ.), 19.08.2025 - RFA No.1684/2015 (Dec/Inj), S. Irshad v. Papanna & Others incl. Bangalore Development Authority: first appeal against partial decree for declaration and permanent injunction dismissed for non-prosecution as nobody appeared; merits not considered.

What did the court decide?

As no one appeared to press the appeal, the appeal was dismissed for non-prosecution; no point on the merits of the underlying dispute was adjudicated. ¶37

Sri S Irshad Vs Sri Papanna — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:32156-DB RFA No. 1684 of 2015

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF AUGUST, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI

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AND

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THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 1684 OF 2015 (DEC/INJ)

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BETWEEN:

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SRI S IRSHAD S/O SHAFFI, AGED ABOUT 31 YEARS, R/AT NO.75, BEML MAIN ROAD, NEW THIPPASANDRA, HAL III STAGE, BANGALORE-560 075.

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…APPELLANT

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(BY SRI. T. SHESHAGIRI RAO, ADVOCATE)

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AND:

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Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA

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SRI PAPANNA S/O LATE MOTAPPA, AGED ABOUT 63 YEARS, R/T NO.121, KODIHALLI, HAL III STAGE, BANGALORE-560 008.

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SMT. ELIZABETH NOEL W/O A.J.NOEL, MAJOR,

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SRI. GEORGE PAUL PUTUSSERIL S/O P.P.PAUL, MAJOR,

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2 - NC: 2025:KHC:32156-DB RFA No. 1684 of 2015

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HC-KAR

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SMT JANE MARY KUMAR D/O P.P.PAUL, MAJOR,

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SRI. PAULOSE PAUL PUTHUSSERIL S/O P.P.PAUL, MAJOR,

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RESPONDENT NOs.2 TO 4 ARE REPRESENTED BY THEIR GPA HOLDER I.E., RESPONDENT NO.5 HEREIN

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R/AT NO.151/1, G.M.PALYA, 9^TH CROSS, NEW THIPPASANDRA, BANGALORE-560 075.

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THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE, REP. BY ITS COMMISSIONER.

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THE ADDL. SPECIAL LAND ACQUISITION OFFICER B.D.A., BANGALORE.

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…RESPONDENTS

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(BY SRI. B. RAMESH, ADVOCATE/CR/R1, VIDE ORDER DATED 13.04.2016, NOTICE TO R2 TO R5 ARE HELD SUFFICIENT, SRI.G.M.ANANDA AND SMT.B.L.ASHA, ADVOCATES FOR R6 AND R7)

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THIS RFA IS FILED U/O 41 RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.11.2015 PASSED IN O.S NO.3810/2008 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

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