Sri Roopert Prashant D Souza vs Sri R Sridhar Babu
2023 Latest Caselaw 3861 Kant

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                                                        NC: 2023:KHC:22651
                                                             RFA No. 844 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 30TH DAY OF JUNE, 2023

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


                          REGULAR FIRST APPEAL NO. 844 OF 2017 (SP)


                   BETWEEN:

                   Sri. Roopert Prashant D' Souza,
                   S/o. George D' Souza
                   Aged About 40 Years,
                   R/At No 460/1, 1st 'C' Cross,
                   1st 'B' Street, 3rd Main,
                   Mathikere, Bengaluru - 560054.
                                                                       ...Appellant
                   (By Sri. Arun K S. & Sri.V.B. Ravishankar, Advocates)

                   AND:

                   Sri. R Sridhar Babu,
Digitally signed
                   S/O Ramakrishna,
by BANGALORE
MADHAVACHAR        Aged About 46 Years,
VEENA
Location: High
Court of
                   R/At No 29/1,
Karnataka
                   Muneshwara Temple,
                   Opposite Dodda Bommasandra,
                   Vidyaranyapura Post,
                   Bengaluru- 560097.
                                                                     ...Respondent
                   (By Sri. Dhananjaya B.S., Advocate for Caveator/Respondent)

                                                 ***
                         This Regular First Appeal is filed under Section 96 read
                   with Order 41 of the Code of Civil Procedure, 1908, praying to
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                                       NC: 2023:KHC:22651
                                            RFA No. 844 of 2017




call for the records in O.S.No.1949/2010, on the file of the
learned VIII Addl. City Civil and Sessions Judge (CCH-15), at
Bangalore, peruse the same and set aside the judgment and
decree dated 01-04-2017, passed by the learned VIII Addl. City
Civil and Sessions Judge (CCH-15), at Bangalore, in
O.S.No.1949/2010, and allow this appeal with costs and pass
such other orders as deemed fit in the circumstances of the
case, to meet the ends of justice.

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

None appear in this matter either physically or

through video conference. On 25-08-2021, this Court had

made the following observation:

"Though matter called twice, there is no representation on behalf of appellant and respondent.

In the interest of justice, list this matter after eight weeks."

2. Thereafter, the matter was listed on 23-05-2023,

when this Court made the following observation:

"Learned counsel for the appellant not present.

Learned counsel for the respondent/caveator alone present.

NC: 2023:KHC:22651 RFA No. 844 of 2017

Hence, the matter could not be proceeded today.

Making it clear that no further adjournment would be granted in the matter, as finally, a short accommodation is granted to the appellant.

List the matter on 30-05-2023."

3. In spite of the above, none appeared in this

matter and proceeded further.

4. The appeal is of the year 2017 and one of the old

appeals of this nature pending before the Court. Hence,

the appeal stands dismissed for non-prosecution.

Sd/-

JUDGE

BMV*