H D Gangadhara vs J K Lokesh
2021 Latest Caselaw 6144 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 14TH DAY OF DECEMBER, 2021

                        BEFORE

   THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

                 R.F.A.No.1585 OF 2013

BETWEEN:

H D GANGADHARA
SON OF LATE T DODDALAKKAIAH
AGED 63 YEARS
R/AT MAHALAKSHMI POWERLOOM
INDUSTRY, NEW LAKSHMINARASIMHAN
SWAMY SAW MILL, BANASHANKARI
BADAVANE, CHIKKNAYAKANAHALLI
TALUK, TUMKUR DISTRICT-572 214.

                                     ..APPELLANT

(BY SRI M R VIJAYARAGHAVAN, ADVOCATE)

AND:
J K LOKESH
33 YEARS
SON OF LATE H J KADARAIAH
R/AT NO. 190/1, MATHRUSHREE
NILAYA, 6TH MAIN, 5TH CROSS
SACHIDANANDANAGAR, KENGERI
SATILLITE TOWN, BANGALORE-560060
REPRESENTED BY HIS PA HOLDER
J K GURUSWAMY, 28 YEARS
SON OF H J KADARAIAH
R/AT NO. 108, ANNAPURNA
HALEPALYA POST, TIPTUR TALUK
TUMKUR DIST-572 202.
                                   ...RESPONDENT
(BY SRI.G.SHANKAR, ADVOCATE FOR C/R)
                                               R.F.A.No.1585/2013

                                2




     THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 06.09.2013 PASSED IN
O.S.NO.4629/2011 ON THE FILE OF XIX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT
FILED FOR RECOVERY OF MONEY.

     This R.F.A. coming on for Orders, through Physical
Hearing/Video Conferencing Hearing, this day, the Court made
the following:

                           ORDER

None appear in this matter either physically or through

video conference. No reasons are forthcoming for their non-

appearance.

A perusal of the order sheet would go to show that,

inspite of granting sufficient opportunities, the appellant has not

filed the paper book.

On 19.02.2021, while granting six weeks time to file paper

book, the court had made observation that, in case, paper books

are not filed within six weeks, the appeal shall be listed for

necessary orders. Thereafter, on 25.11.2021 also the appellant

remained absent, still this court granted him a month's time to

do the needful, despite which, the appellant has neither R.F.A.No.1585/2013

appeared nor filed the paper book. As such, appeal stands

dismissed for non-filing of paper book and non-prosecution.

Sd/-

JUDGE

SBN