M/S Transcity Developers v. Sri. Suresh

Karnataka HC16 Sept 2025RFA/651/2024

Case brief

AI extract

What is this about?

Non-prosecution dismissal of first appeal: RFA No. 651 of 2024 (DEC/INJ) by M/S Transcity Developers against dismissal (14.12.2023, Principal Senior Civil Judge and CJM, Mysuru) of Suit OS No.686/2015 for declaration and injunction; office objections uncomplied with and peremptory order of 13.09.2024 in force; dismissed for non-prosecution on 16.09.2025. Keywords: non-prosecution, office objections, peremptory order, S.96 CPC, Order 41 Rule 1, declaration and injunction, Mysuru.

What did the court decide?

Since office objections were not complied with till the date of the judgment and in view of the peremptory order dated 13.09.2024 passed by this Court, no further order is required. ¶41

M/S Transcity Developers Vs Sri. Suresh — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:37098-DB RFA No. 651 of 2024

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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 16^TH DAY OF SEPTEMBER, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE RAJESH RAI K

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REGULAR FIRST APPEAL NO. 651 OF 2024 (DEC/INJ)

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BETWEEN:

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M/S TRANSCITY DEVELOPERS HAVING ITS OFFICE AT NO.135/C, 2^ND FLOOR, CHANDANA COMPLEX, VANI VILAS EXTENSION, ABHISHEK CIRCLE MAIN ROAD, 2^ND STAGE, VIJAYANAGAR, MYSURU-570 016.

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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REPRESENTED BY ITS MANAGING PARTNER, SRI S RAVI S/O S SRINIVASAIAH, AGED ABOUT 55 YEARS, NO.32/1, 3^RD FLOOR, 2^ND MAIN (ABOVE RBL BANK) VYAYALIKAVAL, NEAR BASHYAM CIRCLE, SADASHIVANAGAR, BENGALURU-560 003.

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…APPELLANT

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(BY SRI. HANUMANTHA REDDY.V, ADVOCATE (ABSENT) )

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AND:

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SRI. SURESH S/O LATE SRI BOREGOWDA, AGED ABOUT 51 YEARS,

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2 - NC: 2025:KHC:37098-DB RFA No. 651 of 2024

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HC-KAR

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SMT. PRABHAVATHI N.S. W/O SRI SURESH, AGED ABOUT 43 YEARS,

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MADHURA D/O SRI. SURESH, AGED ABOUT 21 YEARS,

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SL NO. 1 TO 3 ARE

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R/AT KALURANGENAHALLI VILLAGE, YELAWALA HOBLI,MYSURU TALUK, MYSURU.

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SRI N B MANJU S/O LATE SRI N BETTEGOWDA, R/AT KALURANGENAHALLI VILLAGE, YELAWALA HOBLI, MYSURU TALUK, MYSURU DISTRICT.

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M/S UNNATHI PROJECTS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.120, 1^ST FLOOR, P.R.B. COMPLEX, HIGH TENSION ROAD, VIJAYANAGAR 2^ND STAGE, MYSURU, REPRESENTED BY ITS MANAGING PARTNER, SRI. RAMACHANDRA GOWDA.

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SRI. MOHAMMED YOUNUS S/O LATE SRI MOHAMMED JAFFER, AGED ABOUT 44 YEARS, R/AT NO.31, 1^ST CROSS, 9^TH MAIN, OLD GURAPPANA PALYA, TAVAREKERE, BENGALURU SOUTH, BENGALURU-560 029.

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SRI. CHIKKANNA SENIOR SUB-REGISTRAR, OFFICE OF SUB-REGISTRAR, MYSURU TALUK.

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…RESPONDENTS

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(BY SRI. S. LOKESH, ADVOCATE C/R-4 (ABSENT) )

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NC: 2025:KHC:37098-DB RFA No. 651 of 2024

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HC-KAR

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THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE ORDER DATED 14.12.2023 PASSED IN OS NO.686/2015 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSURU, DISMISSING THE SUIT FOR DECLARATION AND 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 MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

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We have heard the learned counsel for the appellant.

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