Karnataka High Court
Sri Dasegowda vs Sri K M Devaraj on 28 June, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:24273
MFA No. 6432 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
MISCELLANEOUS FIRST APPEAL NO. 6432 OF 2023 (CPC)
BETWEEN:
SRI DASEGOWDA,
S/O LATE DASAPPA @ DASEGOWDA,
AGED ABOUT 86 YEARS,
AGRICULTURIST,
R/AT BILAGUMBA VILLAGE,
KASABA HOBLI, RAMANAGARA TALUK,
RAMANAGARA DISTRICT 562 159.
...APPELLANT
[BY SRI. SADASHIVAIAH K.G., ADVOCATE (AB)]
AND:
SRI K.M. DEVARAJ,
S/O LATE MUNIMAREGOWDA,
AGED ABOUT 68 YEARS,
AGRICULTURIST,
R/AT "SHIVAGIRI NILAYA",
SHANTILAL LAYOUT,
OPP. WATERTANK, RAYARADODDI,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT - 562 159.
Digitally signed by
GEETHAKUMARI ...RESPONDENT
PARLATTAYA S
Location: High THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
Court of Karnataka
AGAINST THE ORDER DATED 06.04.2023 PASSED ON I.A. NO.1 IN
O.S.NO. 164/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC, RAMANAGARA, REJECTING I.A. NO.1 FILED
UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:24273
MFA No. 6432 of 2023
JUDGMENT
Since matter was listed for non-compliance of office objections for 4th time, as a final opportunity, appellant was permitted to comply with office objections during course of day.
2. It is reported that appellant has not complied office objections. Hence, there is no other option than to conclude that appellant is not interested in pursuing this appeal.
3. Hence, appeal is dismissed for non-prosecution.
Sd/-
JUDGE PSG List No.: 2 Sl No.: 38