The Managing Director And Ors vs The State Of Karnataka And Ors
2022 Latest Caselaw 12026 Kant

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 21ST DAY OF SEPTEMBER 2022

                            PRESENT

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

                                 AND

        THE HON'BLE MR. JUSTICE ANIL B.KATTI

       REGULAR FIRST APPEAL No.200079/2022

BETWEEN:

1.     The Managing Director
       Karnataka Niravari Nigam
       Coffee Board, 1st Floor
       Bengaluru

2.     The Chief Audit Officer
       Karnataka Niravari Nigam
       Walmi Building, Belur
       Dharwad

3.     The Chief Engineer
       Irrigation Project Zone
       Kalaburagi

4.     The Executive Engineer
       Karnataka Niravari Nigam,
       Benitora Project, Division No.4
       Hebbal, Tq. Chittapur,
       Dist. Kalaburagi
                                           ... Appellants
(By Sri Gourish S. Khashampur, Advocate)
                                                RFA No.200079/2022
                                2




AND:

1.     The State of Karnataka
       Through Deputy Commissioner
       Kalaburagi-585 102

2.     The Secretary to Government of Karnataka
       Water Resources Department
       Bengaluru-560 002

3.     M/s. Veer Trader
       Through its Proprietor
       Sri Ashok S/o Mallappa Madgi
       Age: 54 Years, R/o Godutai Nagar
       Kalaburagi-585 102
                                                   ... Respondents



       This Regular First Appeal is filed under Section 96 r/w
Order 41 Rules 1 and 2 of CPC, praying to call for records in
O.S.No.89/2015 on the file of Prl. Senior Civil Judge at
Kalaburagi, allow the appeal and set aside the judgment and
decree   dated   09.01.2020    passed   in    O.S.No.89/2015   by
Prl. Senior Civil Judge at Kalaburagi, etc.


       This appeal coming on for Orders, through physical
hearing/video conference, this day Dr.H.B.Prabhakara Sastry
J., made the following:


                              ORDER

Learned counsel for the appellants is physically

present in the court and submits that despite his maximum

efforts but due to non-cooperation of the appellants, he RFA No.200079/2022

could not get the certified copy, as such, he could not

comply the office objections.

2. A perusal of the order sheet would go to show

that, in this matter several and sufficient opportunities not

less than five times including as a 'final' and 'last chance'

were given. Despite the same which the appellant has not

complied the office objections. The learned counsel for the

appellants pleads his helplessness to comply the office

objections due to the alleged non-cooperation

by the appellants. As such, it has to be inferred

that the appellants are not interested in

prosecuting the matter. Hence, the appeal stands

dismissed for non-compliance of office objections.

Sd/-

JUDGE

Sd/-

JUDGE BL