Sri Mahendra Kumar Jain v. Sri Chetan Kumar
Case brief
What is this about?
Karnataka High Court, Bengaluru — RFA No.400 of 2024 (DEC/INJ), Mahendra Kumar Jain v. Chetan Kumar & M/s. South India Ceramic Corporation — Regular First Appeal under S.96 r/w Order 41 Rule 1 CPC against decree dated 28.11.2023 in O.S.No.4508/2013 (I Addl. City Civil & Sessions Judge, Bengaluru) granting declaration and permanent injunction; appeal dismissed for non-prosecution on 15.09.2025 by K.S. Hemalekha, J., owing to appellant's repeated non-appearance, unresolved office objections, and rejection of counsel's retirement memo; no ruling on merits. Keywords: non-prosecution dismissal, office objections, memo of retirement, no representation.
What did the court decide?
The appeal is dismissed for non-prosecution, as the appellant neither appeared nor took steps to prosecute the appeal despite repeated listings. ¶23