M/S Commission And General Agency vs The Commissioner
2021 Latest Caselaw 3562 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 29TH DAY OF OCTOBER, 2021

                            BEFORE

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

                    R.F.A.No.169 OF 2012

BETWEEN:

M/s. Commission and General Agency,
A registered Partnership firm
which is carrying on its business
Formerly at No.43, J.C. Road,
Bangalore - 560 002.
and at present at No.19/1,
R.V. Road, Vishveshwarapuram,
Bangalore- 560 004.
represented by its partner
Sri.M.K. Gopalaswamy.
                                             ...Appellant

(By Sri.S. Venugopala & Sri.B. Sharath Kumar, Advocates)

AND:

1.     The Commissioner,
       Bangalore Mahanagara Palike,
       Corporation Buildings,
       Bangalore - 560 002.

2.     The Competent Officer and
       Deputy Commissioner (Admn.)
       Bangalore Mahanagara Palike,
       Corporation Buildings,
       Bangalore-560 002.

3.     Sri.V. Srirama Reddy,
       Father's name not known to the
                                             R.F.A.No.169/2012

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     appellant, major in age,
     Deputy Commissioner (Admn)
     Bangalore Mahanagara Palike,
     Corporation Buildings,
     Bangalore - 560 002.

4.   Sri. Lingaraja Urs,
     Father's name not known to the
     appellant, major in age,
     Deputy Commissioner (Revenue)
     Bangalore Mahanagara Palike,
     Corporation Buildings,
     Bangalore- 560 002.

5.   Sri.B.R. Narayana Setty,
     Son of late B. Rajarathnam Setty,
     Major in age,
     Residing at No.7,
     Old No.159, Vanivila Road,
     Basavanagudi
     Bangalore - 560 004.

6.   Sri.B.N. Chandra Shekar,
     Son of Sri B.R. Naayana Setty,
     Major in age,
     Residing at No.7,
     Old No.159, Vanivila Road,
     Basavanagudi,
     BANGALORE - 560 004.
                                          ...Respondents

(By Sri.S.N. Prashanth Chandra, Advocate for R-1 & R-2;
R-3 & R-4 - appeal stand dismissed v/o.dt.22.06.2016;
R-5 & R-6 - served and un-represented)

                             ****
     This R.F.A. is filed under Section 96 of the Code of Civil
Procedure, praying to set aside the judgment and decree dated
01-10-2011 passed in O.S.No.4443/2006 on the file of the 42nd
                                                      R.F.A.No.169/2012

                                   3



Additional City Civil & Sessions Judge at Bangalore (CCH-43),
and decree the suit of the plaintiff as prayed for, grant to the
appellant costs of this appeal as well as that of the Trial Court
and grant to the appellants such other further reliefs that may be
deemed fit necessary along with costs of this appeal in the
interest of justice and equity.

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

                             ORDER

Called again in the third round. Learned counsel for the

appellant neither present physically nor through video

conference.

Learned counsel for Respondent No.1 alone is appearing

through video conference. On 06-01-2021, this Court had made

the following observation:

" The learned counsel for the appellants shall comply with the office objections raised on paper book within two weeks. If the office objections on the paper book are not attended to by two weeks, the appeal shall be listed for necessary orders for dismissal of the appeal."

Thereafter, at the request of the learned counsel for the

appellant, on 30-03-2021, once again, four weeks' time was R.F.A.No.169/2012

granted to file the paper book, despite which, the appellant did

not filed the paper book.

Today, the matter was called in two rounds and the

matter was passed over. However, still the appellant has not

filed the paper book. The appellant neither has appeared nor

filed the paper book nor even shown any reason for his non-

appearance. As such, by virtue of the order dated 06-01-2021,

the appeal stands dismissed.

Sd/-

JUDGE

BMV*