Sri Narasimha Murthy M vs Smt Indra
2023 Latest Caselaw 5588 Kant

                                                -1-
                                                        NC: 2023:KHC:28699
                                                      MFA No. 3257 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 14TH DAY OF AUGUST, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 3257 OF 2020 (CPC)
                   BETWEEN:

                   SRI NARASIMHA MURTHY M
                   S/O LATE MUNINARASIMHAIAH
                   AGED ABOUT 57 YEARS
                   R/AT NO U-8/B CITB QUARTERS
                   JABBAR BLOCK, PLACE GUTTAHALLI
                   BENGALURU 560003.
                                                              ...APPELLANT
                   (BY SRI. SHANKARANARAYANA BHAT B, ADVOCATER
                   [ABSENT])
                   AND:

                   1.    SMT INDRA
                         W/O LATE MUTHURAJ
                         AGED ABOUT 60 YEARS.

Digitally signed   2.    SRI M MADHU KUMAR
by                       S/O LATE MUTHURAJ
DHANALAKSHMI
MURTHY                   AGED ABOUT 36 YEARS.
Location: High
Court of           3.    SRI M SATHISH KUMAR
Karnataka
                         S/O LATE MUTHURAJ
                         AGED ABOUT 34 YEARS

                   4.    SMT M SHWETHA
                         D/O LATE MUTHURAJ
                         AGED ABOUT 33 YEARS
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                                        NC: 2023:KHC:28699
                                     MFA No. 3257 of 2020




     ALL ARE R/OF NO U-8/B CITB QUARTERS
     JABBAR BLOCK, PLACE GUTTAHALLI
     BENGALURU 560003.
                                             ...RESPONDENTS
       THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 12.12.2019 PASSED ON I.A. NO.
1 IN O.S.NO. 687/2019 ON THE FILE OF THE XX ADDITIONAL
CITY     CIVIL   AND    SESSIONS    JUDGE,     BENGALURU,
ALLOWING I.A.NO.1 FILED UNDER ORDER XXXIX RULE 1 AND
2 OF CPC.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

1. This Court by order dated 28.7.2023 had 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 two weeks is granted to comply with the office objections on cost of Rs.1,000/- payable at registry. If the office objections are not complied and cost is not paid, list the matter for dismissal on 14.8.2023."

NC: 2023:KHC:28699 MFA No. 3257 of 2020

2. Today when the matter was called out, none

appeared for the appellant. Even as per the earlier

order dated 28.7.2023, the appellant has neither

complied with the office objections nor paid the cost.

It appears that the appellant is not interested in

prosecuting the matter.

3. Hence, in view of the order dated 28.7.2023, the

appeal is dismissed for non-prosecution.

Sd/-

JUDGE

DM