Sri Suresh K T vs The Karnataka Bank Ltd
2023 Latest Caselaw 4696 Kant

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                                                           NC: 2023:KHC:25294
                                                              RFA No. 936 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 20TH DAY OF JULY, 2023

                                               BEFORE
                        THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY

                          REGULAR FIRST APPEAL NO. 936 OF 2019 (MON)
                   Between:

                   1.    Sri Suresh K T
                         S/o. Thimmegowda,
                         Aged about 30 Years,
                         R/At No.570, 4th Cross,
                         HMT Layout, R.T. Nagar,
                         Bangalore-560032

                         Also At:
                         No.36, Kodenahalli,
                         Kasabahobli,
                         Nagamangala Taluk,
                         Mandya District. 571 432.

                   2.    Sri Thimmegowda
                         S/o Lakkegowda,
                         Aged about 55 Years,
Digitally signed
by BANGALORE
MADHAVACHAR
                         R/At No.570, 4th Cross,
VEENA                    HMT Layout, R.T.Nagar,
Location: High
Court of
Karnataka
                         Bangalore-560032

                   3.    Sri Venkatesh K T
                         S/o Thimmegowda,
                         Aged about 31 Years,
                         R/At No.32/6,
                         Opp Residency College,
                         Kempapura, Hebbala,
                         Bangalore-560024.
                                                                      ...Appellants

                   (By Sri. Sudarshan Kumar G.N., Advocate)
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                                           NC: 2023:KHC:25294
                                                RFA No. 936 of 2019




And:

       The Karnataka Bank Ltd.,
       Banking Company incorporated
       under the Companies Act, 1913,
       Having its Registered Office
       and Head Office At: Mahaveera Circle,
       Kankandy, Mangalore-575 002
       Branch Office No.2257, D Block,
       Kodigehalli Main Road,
       Opp. Sterling Apartments,
       Sahakarnagar, Bangalore-560 092
       Rept by its Senior Branch Manager,
       Sri Deepak N C.
                                                       ...Respondent


                                  ****

        This Regular First Appeal is filed under Section 96 of the
Code of Civil Procedure, 1908, praying to call for the records in
O.S.No.5606/2017 on the file of the learned XLIII Additional
City Civil and Sessions Judge at Bengaluru; set aside the
judgment        and    decree    dated    04-09-2018        passed    in
O.S.No.5606/2017 on the file of the learned XLIII Additional
City    Civil   and   Sessions   Judge,   at   Bengaluru;    order   for
dismissing the suit in O.S.No.5606/2017 on the file of the
learned XLIII Additional City Civil and Sessions Judge, at
Bengaluru and pass any other order/s as the Court be pleased
to in the circumstances of the case, in the interest of justice,
by molding the relief.

        This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:
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                                      NC: 2023:KHC:25294
                                         RFA No. 936 of 2019




                          ORDER

Called again in the afternoon.

2. Learned counsel for the appellants neither present

physically nor through video conference. No reasons are

forthcoming for the non-appearance of the learned counsel

for the appellants either physically or through video

conference.

3. The appeal is of the year 2019 and in spite of

granting several and sufficient opportunities of not less

than six times, the appellants have not complied the

office objections.

4. When this matter was taken up this morning, the

learned counsel for the appellants prayed for a pass over

stating that, he would file a memo, not pressing the

appeal, since the matter has been settled between the

parties.

5. In view of the said submission, the matter was

passed over, making it clear to the learned counsel for the

NC: 2023:KHC:25294 RFA No. 936 of 2019

appellants that in case if the said memo is not filed, the

Court would proceed to pass appropriate order including

dismissal of the appeal for non-compliance of office

objections.

6. Thus the learned counsel for the appellants

submitted that, he would not press the appeal as the

matter has been settled between the parties, however,

prayed for a pass over, to enable him to file a memo in

that regard.

7. When the matter is taken up now, for the reasons

best known to him, the learned counsel for the appellants

is not present. Several and sufficient opportunities have

already been granted to him to comply the office

objections, despite which, the appellants have not even

complied the office objections.

8. In the light of the above, when the appellants

have not complied the office objections, on the other hand

the learned counsel stated that, the parties have settled

NC: 2023:KHC:25294 RFA No. 936 of 2019

the matter and that he would file a memo, not pressing

the appeal, further even after stating so, has remained

absent would clearly go to show that, the appellants are

not interested in prosecuting the matter and also to

comply the office objections. Accordingly, the appeal

stands dismissed for non-prosecution as well as for non-

compliance of office objections.

Sd/-

JUDGE

BMV*