V Santhosh Kumar vs Sri K V Girish
2023 Latest Caselaw 2982 Kant

                                                   -1-
                                                         NC: 2023:KHC:19305
                                                            RFA No. 1061 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 7TH DAY OF JUNE, 2023

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

                          REGULAR FIRST APPEAL NO. 1061 OF 2023 (RES)
                   Between:

                       V Santhosh Kumar
                       S/O Late Venkataswamy
                       Aged About 36 Years,
                       R/At No.423, B Channasandra
                       Banaswadi Post, Bangalore 560043.
                                                                        ...Appellant
                   (By Sri. Muni Raju S., Advocate)
                   And:

                       Sri K V Girish
                       S/O K.M Venkatesh
                       Aged About 52 Years,
                       R/At No. 122,
                       Lakshmi Venkateshwara Nilaya
                       2nd C Cross, 1st A Main Road
Digitally signed
by BANGALORE
MADHAVACHAR
                       East Of NGEF, Kasturi Nagar
VEENA                  Bangalore 560043
Location: High
Court of
Karnataka
                                                                     ...Respondent
                   (By Sri.K. Radhika, Advocate)
                                                   ***

                         This Regular First Appeal is filed under Section 96 of the
                   Code of Civil Procedure, 1908, praying to set aside the
                   judgment and decree in O.S.No.1951/2018 dated 23-02-2023
                   on the file of the XXIX Additional City Civil Judge (CCH-30) at
                   Bangalore by allowing appeal; to call for the records in
                   O.S.No.1951/2018 on the file of XXIX Addl. City Civil and
                   Sessions Judge (CCH-30) at Bengaluru; pass any order as this
                                 -2-
                                          NC: 2023:KHC:19305
                                            RFA No. 1061 of 2023




Court deems fit in the facts and circumstances of the case, 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

Called again in the second round.

Learned counsel for the appellant not present. Learned

counsel for the caveator present.

In spite of getting this matter listed by specifically moving a

memo for posting, the learned counsel for the appellant has

remained absent. Thus, he has not properly utilised the precious

time of the Court. Moreover, in spite of granting sufficient

opportunities also, the appellant has not complied the office

objections. Thus, it clearly goes to show that the appellant is not

interested either to prosecute the matter or to comply the office

objections. Accordingly, the appeal stands dismissed for non

compliance of office objections as well as for non-prosecution.

Sd/-

JUDGE