Sri D Logan vs Sri Jagadish
2023 Latest Caselaw 3948 Kant

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                                                         NC: 2023:KHC:22999
                                                             RFA No. 1592 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 4TH DAY OF JULY, 2023

                                               BEFORE
                     THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                       REGULAR FIRST APPEAL NO. 1592 OF 2017 (INJ)
                   BETWEEN:

                       Sri D Logan
                       S/O Late Duraiswamy Reddy
                       Aged About 61 Years,
                       Residing At No.17,
                       7th Main 80 Feet Road,
                       H.R.B.R. Layout, Ii Block,
                       Kalyana Nagar,
                       Bangalore-560 043.
                                                                        ...Appellant
                   (By Sri. Surendra Kumar N.,Advocate)

                   AND:

                       Sri Jagadish
Digitally signed
by                     S/O Sri Govindaswamy,
BHARATHIDEVI
K KORLAHALLI
Location: High
                       Aged About 43 Years,
Court of
Karnataka              Residing At
                       No.35/1, PNS Layout,
                       2nd Cross, Muniswamyappa Road,
                       Subbanpalya Extension
                       Bangalore-560 033.
                                                                      ...Respondent
                   (By Sri. K R Bhardwaj & Assts., Advocate)

                          This Regular First Appeal is filed under Section 96 of the
                   Civil Procedure Code, praying to call for the entire records and
                   set aside the judgment and decree passed by the XX Addl.City
                   Civil and Sessions Judge (CCH-32) passed in O.S.No.3535/2012
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                                          NC: 2023:KHC:22999
                                            RFA No. 1592 of 2017




dated 02.06.2017 and thereby allow the appeal by dismiss the
suit of the plaintiff/respondent by allowing the counter claim
filed by the appellant in the interest of justice and equity and
grant such other relief or reliefs as this Hon'ble Court deems fit
in the facts and circumstances and in the interest of justice and
equity.

      This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:

                            ORDER

None appear in the matter either physically or

through Video Conference.

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

this appeal is of the year 2017 and seeking early hearing

of this appeal, the appellant has filed an application i.e.,

IA.No.2/2018 under Section 151 of Code of Civil

Procedure, as long back as on 19.04.2018. Since then, no

urgency is shown on the said application.

3. On the previous date of hearing i.e., on

20.02.2020, none appeared in this matter. It is

thereafter, after three years five months, the matter is

being listed, still, there is no representation from either

side in the matter. This itself would go to show that the

appellant is not only not interested in proceeding with the

NC: 2023:KHC:22999 RFA No. 1592 of 2017

matter, but, also not even interested in proceeding on

IA.No.2/2018. As such, when the appellant himself is not

evincing interest for early hearing, there is no point in

allowing IA.No.2/2018.

4. As such, the said application IA.No.2/2018 stands

dismissed.

5. Further, in view of non-prosecution, the Appeal

also stands dismissed.

Consequently, the pending IA.No.1/2019 does not

survive for consideration.

Sd/-

JUDGE

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