Smt Madhushree vs Sri Syed Zaheer
2023 Latest Caselaw 2654 Kant

                                      -1-
                                                   RFA No. 532 of 2017




                 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. 532 OF 2017 (INJ)
            BETWEEN:
            SMT MADHUSHREE
            W/O. LATE. VENKATESH,
            AGED ABOUT 43 YEARS,
            R/AT NO. 44/1, 1ST MAIN AROAD,
            BHUVANESHWARINAGAR,
            BANGALORE 560026
                                                              ...APPELLANT
            (BY SRI. ANANDA., ADVOCATE (ABSENT))
            AND:
            1. SRI SYED ZAHEER
               S/O. SYED AMEER,
               AGED ABOUT 51 YEARS,
               R/AT NO. 16/2, TANISANDRA,
               K.R. PURAM HOBLI,
               BANGALORE 560036
Digitally
signed by
VEENA
KUMARI B    2.   SRI. AYUB ALI KHAN
Location:
High             S/O. RASHED KHAN,
Court of         AGED ABOUT 48 YEARS,
Karnataka
                 R/AT NO. 471, 2ND CROSS,
                 2ND MAIN ROAD, 3RD STAGE,
                 PILLANNA GARDEN,
                 BANGALORE 560045

            3.   SRI. NAGARAJA
                 S/O. MARIYAPPA,
                 AGED ABOUT 43 YEARS,
                 R/AT SWAMY VIVEKANANDA HIGH SCHOOL,
                                 -2-
                                           RFA No. 532 of 2017




    PUTTANNA LAYOUT,
    SARAI PALYA, TANISANDRA,
    BANGALORE 560045
                                                   ...RESPONDENTS
(BY SRI. JAYASIMHA K P ADVOCATE FOR C/R1 & 2 (ABSENT);
NOTICE TO R3 SERVED)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.02.2017
PASSED IN OS NO.409/2014 ON THE FILE OF THE VIII ADDL. CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING 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 in this matter either physically or through

video conference. No reasons are forthcoming for

nonappearance of learned counsel from either side.

2. The present appeal is of the year 2017 and till date

it is at the stage of admission only.

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

previously on several dates of hearing, learned counsel for the

appellant has continuously remained absent.

RFA No. 532 of 2017

4. On 08.12.2021 this Court had made the following

observation.

"None appear for the parties.

Finally, a short time is granted making it clear that in case the learned counsels fail to appear in this matter, the Court would proceed to pass an appropriate order including dismissal of the appeal for non-prosecution.

List the matter on 14.12.2021."

5. In spite of the above observation, learned counsel

for the appellant has remained absent and also not shown any

reasons for his nonappearance, that too when his participation

in the proceedings could have been even through video

conference as it is a hybrid mode of hearing.

In view of the same, since appellant is not evincing any

interest in prosecuting the matter, the appeal stands dismissed

for non-prosecution.

Sd/-

JUDGE

BVK