A V Nagaraj vs Sri. Chandrakumar A C
2023 Latest Caselaw 4555 Kant

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                                                    NC: 2023:KHC:24822
                                                        RFA No. 1311 of 2017




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 17TH DAY OF JULY, 2023
                                             BEFORE
                   THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                     REGULAR FIRST APPEAL NO. 1311 OF 2017 (INJ)
                BETWEEN:
                A V NAGARAJ
                S/O VENKATARAMANAPPA
                AGED ABOUT 49 YEARS,
                NEKARA LOKA
                KANNADA MONTHLY TABLOID
                NO.18/09/1, 1ST CORSS
                MISSION ROAD
                BENGLAURU-560 027
                                                                          ...APPELLANT
                (BY SRI. MADHVACHAR M., ADVOCATE)
                AND:
                SRI. CHANDRAKUMAR A C
                S/O CHINNAPA
                AGED ABOUT 43 YEARS,
                RESIDING AT NO.32
Digitally
signed by
                MOHIDDIN SAHEB LANE
VEENA           NARAYANA SHETTY PET
KUMARI B
Location:       BENGALURU-560 002
High Court of
Karnataka                                                            ...RESPONDENT
                    THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
                OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.04.2017
                PASSED   IN   O.S.NO.3753/2012     ON   THE   FILE   OF    THE   XXIX
                ADDITIONAL    CITY   CIVIL   AND   SESSIONS     JUDGE       (CCH-30),
                DECREEING THE SUIT FOR PERMANENT INJUNCTION.
                                -2-
                                      NC: 2023:KHC:24822
                                        RFA No. 1311 of 2017




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


                            ORDER

Learned counsel for the appellant neither present

physically nor through video conference. No reasons are

forthcoming for his non appearance.

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

the appeal is of the year 2017 and till today the appellant has

not taken steps even for the first time to issue notice to the

respondent. After granting reasonable time to the appellant to

do the needful on 12.07.2023 this Court made the following

observation.

"None appear.

Two days time is granted to ensure service of notice upon unserved sole respondent.

If steps are not taken in time, list this matter on 17.07.2023."

3. In spite of the same, the appellant has neither

taken steps nor shown any reasons for not taking steps. Thus,

NC: 2023:KHC:24822 RFA No. 1311 of 2017

the appellant himself has shown that he is not interested in

prosecuting the matter.

Accordingly, appeal stands dismissed for non-

prosecution, as well as for not taking steps.

Sd/-

JUDGE

BVK