Sri K Raghunatha Sharma vs Kote Shree Danvanthari Ganapathy ...
2023 Latest Caselaw 3249 Kant

                                                  -1-
                                                           NC: 2023:KHC:20522
                                                              RFA No. 1835 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 14TH DAY OF JUNE, 2023

                                               BEFORE
                     THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                    REGULAR FIRST APPEAL NO. 1835 OF 2021 (DEC/INJ)
                   BETWEEN:

                       Sri K Raghunatha Sharma
                       S/o Sri K C Lakshmikanth
                       Aged about 39 Years
                       No.240, 5th Cross, K G Nagar
                       Bengaluru - 560 019.
                                                                          ...Appellant
                   (By Sri. Prakash G R., Advocate)

                   AND:

                       Kote Shree Danvanthari Ganapathy
                       Temple Trust
                       K R Road, Fort,
                       Bengaluru - 560 002
Digitally signed       Rep. By Its Chairman
by
BHARATHIDEVI
K KORLAHALLI           Sri M Srinivasa Murthy
Location: High
Court of
Karnataka
                       And Managing Trustee
                       Sri A M Sathya.
                                                                        ...Respondent
                   (By Sri. Srihari R Deshpande, Advocate)

                          This Regular First Appeal is filed under Order 41 Rule 1
                   & 2 read with Section 96 of Civil Procedure Code, praying to
                   call for the records in O.S.No.2948/2013 on the file of the IX
                   Addl.City Civil & Sessions Judge, C/C. I Addl.city Civil &
                   Sessions Judge, Bengaluru, and set aside the judgment and
                   decree dated 19.08.2021, dismissing the suit and allow the
                   same in full, in the interest of justice granting costs throughout.
                                  -2-
                                         NC: 2023:KHC:20522
                                            RFA No. 1835 of 2021




      This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:

                                ORDER

None appear in the matter either physically or

through Video Conference.

2. On 02.06.2023, this Court has made the following

observations :

" Learned counsel for the appellant, who is physically present, prays for a week's time.

As a last opportunity, a week's time, as prayed, is granted for compliance of office objections, failing which, the Court may proceed to pass appropriate orders including dismissal of the appeal for noncompliance of office objections.

If the office objections are not complied within the time, registry to list the matter on 14.06.2023."

In spite of the above, the learned counsel for the

appellant has neither complied the office objections nor

shown any reasons for non-compliance of office objections

and nor even appeared in this matter. The appeal is of the

NC: 2023:KHC:20522 RFA No. 1835 of 2021

year 2021 and several and sufficient opportunities for not

less than five times have already been granted to him.

3. A perusal of the order sheet would also go to show

that the office objections which are yet to be complied

with are too simple and trivial in nature, which hardly

takes few minutes to comply and the appellant is not

evincing any interest in complying the office objections.

As such, I do not find any reason to grant further time.

As such, the Appeal stands dismissed for

non-compliance of office objections, as well as for

non-prosecution.

Sd/-

JUDGE