H N Prakash vs K R Narayana
2023 Latest Caselaw 5360 Kant

                                              -1-
                                                    NC: 2023:KHC:27761
                                                       MFA No. 915 of 2020




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 7TH DAY OF AUGUST, 2023

                                          BEFORE
                     THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 915 OF 2020 (CPC)
                   BETWEEN:

                   H N PRAKASH
                   S/O LATE NANJUNDAIAH
                   MAJOR
                   R/O NO 489, 75TH D CROSS
                   10TH F MAIN ROAD
                   VI BLOCK, RAJAJINAGAR
                   BANGALORE-560010.
                                                                ...APPELLANT
                   (BY SRI. D VENUGOPAL., ADVOCATE [ABSENT])

                   AND:

                   K R NARAYANA
                   S/O LATE RANGAIAH
                   AGED ABOUT 60 YEARS
Digitally signed   R/O NO 24, 9TH E MAIN ROAD
by                 PIPELINE ROAD, VIJAYANAGAR
DHANALAKSHMI
MURTHY             BANGALORE-560040.
Location: High                                                 ...RESPONDENT
Court of
Karnataka               THIS MFA IS FILED UNDER ORDER 43 RULE 1(na) OF CPC
                   AGAINST THE ORDER DATED 28.02.2006 PASSED IN
                   P.MISC.NO.559/2003 ON THE FILE OF THE VI ADDITIONAL
                   CITY CIVIL JUDGE, BENGALURU CCH-11, DISMISSING THE
                   PETITION FILED UNDER ORDER 33 RULE 1 AND 2 OF CPC.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                   -2-
                                          NC: 2023:KHC:27761
                                              MFA No. 915 of 2020




                              JUDGMENT

This Court, by order dated 28.07.2023 passed the

following order:

"The counsel for the appellant is absent.

This matter is listed for third time for compliance of office objections. However, in the ends of justice, time of one week is granted to comply with the office objections on cost of Rs.1,000/- payable at registry. If office objections are not complied and cost is not paid, list the matter for dismissal on 07.08.2023."

2. Even today, the office objections are not complied

with and the cost is also not paid. None appears for the

appellant both in the morning session as well as in the

afternoon session.

3. In view of the order dated 28.07.2023, the appeal

is dismissed for non-prosecution.

Sd/-

JUDGE

Cm/-