Prameela vs Superintendent Engineer
2023 Latest Caselaw 3740 Kant

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                                                           NC: 2023:KHC:22229
                                                             RFA No. 1063 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 27TH DAY OF JUNE, 2023

                                              BEFORE
                     THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                       REGULAR FIRST APPEAL NO. 1063 OF 2021 (RES)
                   BETWEEN:

                   Prameela,
                   W/o Late Venkataramu
                   Aged About 53 Years,
                   R/o Kaggere Village
                   Yadiyuru Hobli
                   Kunigal Taluk
                   Tumkur District-572101.
                                                                       ...Appellant
                   (By Sri. Girish B Baladare, Advocate)

                   AND:

                   Superintendent Engineer
Digitally signed
by                 BESCOM, O And M Circle
BHARATHIDEVI
K KORLAHALLI
Location: HIGH
                   Old Kothithopu Road
COURT OF
KARNATAKA          Tumakuru -572101.
                                                                     ...Respondent
                         This Regular First Appeal is filed under Section 96 read
                   with Order 41 Rule 1 of the Civil Procedure Code, praying to
                   call for records and modify the judgment and decree dated
                   23.07.2018 passed by the Prl.Senior Civil Judge and CJM at
                   Tumakuru in O.S.No.22/2018 and enhance the compensation
                   as prayed with interest 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:
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                                        NC: 2023:KHC:22229
                                           RFA No. 1063 of 2021




                            ORDER

Learned counsel for the appellant is neither present

physically nor through Video Conference. No reasons are

forthcoming for his non-appearance.

2. On 02.06.2023, this Court had 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

year 2021 and several and sufficient opportunities for not

NC: 2023:KHC:22229 RFA No. 1063 of 2021

less than six times have already been granted to the

appellant.

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

that the office objections which are yet to be complied

with are simple and trivial in nature 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.

Hence, the Appeal stands dismissed for

non-compliance of office objections, as well as for

non-prosecution.

Sd/-

JUDGE

bk