Puttaswamachari vs Papegowda
2023 Latest Caselaw 5031 Kant

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                                                  NC: 2023:KHC:26369
                                                     RFA No. 1431 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 28TH DAY OF JULY, 2023
                                       BEFORE
                    THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                REGULAR FIRST APPEAL NO. 1431 OF 2021 (PAR/DEC)
               BETWEEN:
               PUTTASWAMACHARI
               S/O LATE LAKSHMANCHARI
               AGED ABOUT 65 YEARS
               R/AT ASHRAYA BADAVANI
               HOUSING BOARD COLONY
               HOLENARASIPURA TALUK
               HASSAN-573211
                                                                ...APPELLANT
               (BY SRI. ROOPESHA B.,       AND    SRI.   M.    K.   SANDEEP,
               ADVOCATES)
               AND:
               1. PAPEGOWDA
                  S/O DODDEGOWDA
                  AGED ABOUT 73 YEARS

               2.    SHIVANNA
Digitally
signed by            S/O DODDEGOWDA
VEENA
KUMARI B             AGED ABOUT 58 YEARS
Location:
High Court
of Karnataka
               3.    DODDEGOWDA
                     S/O DODDEGOWDA
                     AGED ABOUT 68 YEARS
                     ALL ARE RESIDING AT
                     KADUVINABACHOHALLI VILLAGE
                     HALLI MYSORE HOBLI
                     HOLENARASIPURA TALUK
                     HASSAN DISTRICT-573211

                                                              ...RESPONDENTS
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                                    NC: 2023:KHC:26369
                                       RFA No. 1431 of 2021




     THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96
OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED
02.03.2020 PASSED IN OS.NO.13/2017 ON THE FILE OF THE
CIVIL JUDGE AND JMFC AT HOLENARASIPURA ALLOWING THE
APPLICATION FILED UNDER ORDER 7 RULE 11(a) AND (d) OF
SEC.151 CPC., FOR REJECTION OF PLAINT.


     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.

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

that the office objections which are due for compliance are

very simple like paginating and indexing the appeal,

stating correctly the limitation para and valuation para etc.

3. A perusal of the order sheet would further go to

show that several and sufficient opportunities of not less

than five times have already been granted to the appellant

in this appeal of the year 2021. In spite of the same,

appellant has neither complied the office objections nor

NC: 2023:KHC:26369 RFA No. 1431 of 2021

appeared either physically or through video conference. No

reasons are forthcoming for his nonappearance or for

noncompliance of office objections.

Hence, the appeal stands dismissed for non-

prosecution, as well for noncompliance of office objections.

Sd/-

JUDGE

BVK