Mr Syed Khaleel vs Mr Mohammed Noorulla Basha
2023 Latest Caselaw 4347 Kant

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                                                NC: 2023:KHC:24180
                                                   RFA No. 1396 of 2017




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 12TH DAY OF JULY, 2023
                                          BEFORE
                    THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                   REGULAR FIRST APPEAL NO. 1396 OF 2017 (DEC/INJ)
                BETWEEN:
                MR SYED KHALEEL
                S/O. MR. SYED ZAFFER,
                AGE 65 YEARS,
                R/AT NO. 3, SAIT PALYA,
                KACHARAKANAHALLI,
                BENGLAURU -560012.
                                                               ...APPELLANT
                (BY SRI. SREENIVASA RAGHAVAN AND SRI. GURURAJ KULKARNI,
                ADVOCATES)

                AND:
                MR MOHAMMED NOORULLA BASHA
                S/O. MR. MOHAMMED ABBAS,
                AGED ABOUT 70 YEARS,
                R/AT NO. 3, SAIT PALYA,
                KACHARAKANAHALLI,
Digitally
signed by       BENGALURU -560012.
VEENA
KUMARI B                                                     ...RESPONDENT
Location:
High Court of
Karnataka            THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 R/W
                ORDER XLI RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND
                DECREE DATED 05.04.2017 PASSED IN OS.NO.4126/2011 ON THE
                FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
                BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND
                PERMANENT INJUNCTION.
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                                    NC: 2023:KHC:24180
                                       RFA No. 1396 of 2017




     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

None appear for the appellant either physically or

through video conference. No reasons are forthcoming for

nonappearance of the learned counsel for the appellant.

2. On 26.11.2019 imposing a cost of `500/- payable to

the Legal Services Committee of this Court within four days

from the said date and filing a compliance memo along with

receipt in the Registry, in that regard a week's time as prayed

was granted to the appellant. Thereafter till 04.07.2023 nearly

for four years the matter was not listed.

3. On 04.07.2023 the appellant was directed to pay

the cost to the Legal Services Committee of this Court, within

a day from the said date and to take appropriate steps to

ensure the service of notice upon the sole respondent, as a

final last opportunity three days time was granted to the

appellant to take fresh steps. In spite of the same, the

NC: 2023:KHC:24180 RFA No. 1396 of 2017

appellant neither paid the cost nor taken steps in respect of

the sole respondent and not shown any reason for not doing

the needful. Hence, the appeal stands dismissed for non-

prosecution as well as for not taking steps against the sole

respondent.

Since the appellant has not paid the cost as ordered on

26.11.2019, the beneficiary of the cost, which is the Legal

Services Committee of this Court is at liberty to recover the

cost, as arrears of the land revenue in accordance with law by

treating the said order and today's order as decree. To enable

the beneficiary in the said process the registry to transmit the

copy of the order dated 26.11.2019 and today's order to the

Legal Services Committee of this Court for their needful.

Sd/-

JUDGE

BVK