Karnataka High Court
K. Mohammed Moosa vs Karnataka Pradesha Kurubara ... on 26 May, 2023
Bench: Dr.H.B.Prabhakara Sastrypresided Byhbpsj
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RFA No. 2273 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MAY, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 2273 OF 2019 (INJ)
BETWEEN:
1. K. MOHAMMED MOOSA
SINCE DECEASED BY HIS
LEGAL REPRESENTATIVES
AYASHA MOOSA
W/O KANDNERY MOHAMMED MOOSA,
AGED ABOUT 75 YEARS,
R/A NO.93/4, NANDIDURGA ROAD,
BENSON TOWN,
BENGALURU-560046.
2. SALMA
D/O KANDNERY MOHAMMED MOOSA,
AGE ABOUT 35 YEARS,
Digitally
signed by R/A NO.202, MARIA IVAS,
VEENA BORE BANK ROAD, BENGALURU-560046.
KUMARI B
Location:
High Court
of 3. AMEEN MOOSA
Karnataka
S/O KANDNERY MOHAMMED MOOSA,
DECEASED - NO LEGAL HEIRS
...APPELLANTS
(BY SRI. RAHAMATHULLA KOTHWAL., ADVOCATE (ABSENT))
AND:
1. KARNATAKA PRADESHA KURUBARA SANGHA
A SANGHA CONSTITUTED UNDER THE PROVISIONS
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RFA No. 2273 of 2019
OF THE SOCIETIES' REGISTRATION ACT
AND HAVING ITS OFFICE AT
KALIDASA MARG, GANDHI NAGAR,
BENGALURU-560009.
REPRESENTED BY ITS PRESIDENT
2. THE PRESIDENT,
BEERESWARA SWAMY TEMPLE,
BESIDE HARRY'S ROAD, OLD NO.01,
NEW NO.23, BENSON ROAD,
BENSON TOWN, BENGALURU.
3. MR. M R RAMANNA
S/O DR. M.L. RAMANNA,
AGE MAJOR, PRESIDENT,
BEERESWARA SWAMY TEMPLE,
BESIDE HARRY'S ROAD, OLD NO.01,
NEW NO.23, BENSON ROAD,
BENSON TOWN, BENGALURU.
4. SRI H M MARIYAPPA
FATHER'S NAME NOT KNOWN
TO THE APPELLANT,
PRESIDENT,
BEERESHWARA SWAMY TEMPLE,
BESIDE HARRY'S ROAD, OLD NO.01,
NEW NO.23, BENSON ROAD,
BENSON TOWN, BENGALURU.
DECEASED - WHEREABOUT OF HIS LEGAL HEIRS -
NOT KNOW THE APPELLANT
...RESPONDENTS
(BY SRI. RAVI H,K., ADVOCATE FOR C/R (ABSENT))
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 31.07.2019
PASSED IN O.S.NO.9254/2007 ON THE FILE OF THE V ADDITIONAL
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RFA No. 2273 of 2019
CITY CIVIL AND SESSIONS JUDGE BENGALURU DISMISSING THE
SUIT FOR PERMANENT INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
None appear for the appellants either physically or
through video conference. No reasons are forthcoming for his
nonappearance.
2. On 23.05.2023 this Court had made the following
observation.
"None appear in the matter either physically
or through Video Conference.
As a final opportunity, two days time is
granted to comply the office objections, failing
which, the Court may proceed to pass appropriate
orders, including dismissal of the appeal for non-
compliance of office objections.
In case, if the office objections are not
complied with in their entirety within the said
time, registry to list the matter on 26.05.2023.
3. In spite of the above, the learned counsel for
appellants have neither complied the office objections nor
RFA No. 2273 of 2019
shown any reasons for his nonappearance either physically or
through video conference.
4. The appeal is of the year 2019 and the appellant
was given opportunity of not less than four times, still due for
compliance of office objections by the appellant. In light of the
above, since, the appellants are not evincing any interest
either to comply the office objections or to prosecute the
matter, I am of the view that there is no point in granting any
further time. Moreover, in spite of specific direction by this
Court on 20.04.2021 to file an affidavit explaining the reasons
for non compliance of office objections with specific reference
to the office objections, from the date of raising of office
objections till the expiry of further time granted by the order
passed on the said day, learned counsel has not evinced any
interest even to file such an affidavit.
5. In the above circumstances, I do not find any
reasons to grant further time for compliance of office
objections.
RFA No. 2273 of 2019
Accordingly, appeal stands dismissed for noncompliance
of office objections as well as for non-prosecution.
Sd/-
JUDGE
BVK
