M/S Mahan Architects vs D Imam Saheb
2023 Latest Caselaw 3523 Kant

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                                                       NC: 2023:KHC:21179
                                                         MFA No. 8511 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 20TH DAY OF JUNE, 2023

                                              BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 8511 OF 2016 (CPC)

                   BETWEEN:

                   1.    M/S. MAHAN ARCHITECTS
                         A PROPRIERTORYSHIP CONCERN,
                         REP. BY PROPRIETOR,
                         SHRI. RAJESH MAHAN,
                         AGED ABOUT 42 YEARS,
                         S/O. LATE J.CHANDRASHEKAR.

                   2.    PRIYADARSHINI RAJESH MAHAN
                         AGED ABOUT 35 YEARS,
                         SENIOR ARCHITECT,
                         M/S. MAHAN ARCHITECTS,
                         W/O. RAJESH MAHAN,

                         BOTH ARE R/AT NO.3306,
                         10TH 'A' MAIN, 33RD CROSS,
Digitally signed
by SHARANYA T            4TH BLOCK, JAYANAGAR,
Location: HIGH           BANGALORE-560 011.
COURT OF                                                      ...APPELLANTS
KARNATAKA

                           (BY SRI. BASAVARAJU BELAVANGALA, ADVOCATE
                                 SMT.NIRMALA KRISHNA, ADVOCATE
                                       [NOC NOT OBTAINED)
                   AND:

                   1.    D. IMAM SAHEB
                         AGED ABOUT 50 YEARS,
                         R/AT EBONY, B-1102,
                         GODREJ WOODSMAN APARTMENT,
                         HEBBAL, BANGALORE-560 024.
                                                              ...RESPONDENT
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                                        NC: 2023:KHC:21179
                                             MFA No. 8511 of 2016




     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
1908 AGAINST THE ORDER DATED 30.04.2016 PASSED ON
I.A.NO.II IN O.S.NO.489/2016 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, DISMISSING I.A.NO.II FILED UNDER
ORDER 39 RULE 1 AND 2 CPC.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

This appeal is filed in the year 2016. The notice sent to

the respondent was returned with an endorsement as

"addressee left" in the year 2019 itself, and in spite of the

same, no steps were taken. This Court on the previous

occasion, made it clear that 'one more opportunity is given to

the learned counsel for the appellants to pay the P.F., within

two weeks. If P.F. is not paid within two weeks, list the matter

for dismissal on 20.06.2023.'

In spite of it, no steps were taken. Hence, the appeal is

dismissed for non-prosecution and not taking steps in respect

of the respondent.

Sd/-

JUDGE

CP