Sri. A M Sundar Murthy vs C Manjula
2023 Latest Caselaw 2691 Kant

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                                                              RFA No. 1288 of 2019




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 29TH DAY OF MAY, 2023

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

                       REGULAR FIRST APPEAL NO. 1288 OF 2019 (PAR/INJ)
                   BETWEEN:

                       Sri. A M Sundar Murthy
                       S/O Late Muniswamy,
                       Aged About 75 Years,
                       Residing At No 603,
                       Chikkamaranahalli,
                       New BEL Road,
                       RMV 2nd State,
                       Bangalore - 560094
                                                                           ...Appellant
                   (By Sri. Manjunath V.,Advocate)
                   And:

                       C Manjula
                       W/O G S Srinivas,
Digitally signed       Aged About 36 Years,
by BANGALORE
MADHAVACHAR            Residing at No 90,
VEENA
Location: High
                       Narayanappa Road,
Court of
Karnataka
                       Nagashettihalli,
                       RMV 2nd Stage,
                       Bangalore 560094
                                                                        ...Respondent
                                                   ****

                        This Regular First Appeal is filed under Section 96 of the
                   Code of Civil Procedure, 1908, with the following prayer:
                             "i) call for the records in from the learned III Addl.
                       City Civil and Sessions Judge, Bangalore, (CCH-25) in
                       O.S.No.3557/2017;
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                                              RFA No. 1288 of 2019




         ii) after perusal be pleased to set aside the judgment
   and decree passed by III Addl. City Civil and Sessions Judge,
   Bangalore,      (CCH-25)    in   O.S.No.3557/2017       dated
   14-02-2019;
         iii) consequently decree the suit filed by the appellants
   herein in O.S.No.3557/2017;
          iv) pass any other order/s which may deems fit to
   grant in the facts and circumstances of the case."


      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 appellant either physically or

through video conference. No reasons are forthcoming

either for the non-appearance of the learned counsel for

the appellant or for non-compliance of office objections.

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 29.05.2023."

RFA No. 1288 of 2019

In spite of the above, the appellant has neither

complied the office objections nor appeared and shown

any reason for non-compliance of office objections.

In this appeal of the year 2019, several and sufficient

opportunities of not less than six times, even as finally

also have already been granted to the appellant. In spite

of the same, the appellant has not complied the office

objections. As such, the appeal stands dismissed for non-

prosecution as well as for non-compliance of office

objections.

Sd/-

JUDGE

BMV*