The Bengaluru Development ... vs Smt. B Rajeshwari
2023 Latest Caselaw 2692 Kant

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                                                             RFA No. 742 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. 742 OF 2019 (PAR/INJ)


                   BETWEEN:

                       The Bengaluru Development Authority
                       Rep by its Commissioner,
                       Kumara Park West,
                       Bengaluru-560 020
                       Rep By Ms. Adithi
                                                                        ...Appellant
                   (By Smt. Adithi M.V., Advocate)

                   And:

                       Smt. B Rajeshwari
                       W/O Sri P V Balaji,
                       Residing at:
                       No.6, 2nd Cross,
Digitally signed
by BANGALORE           Munikalappa Garden,
MADHAVACHAR
VEENA                  Maruthiseva Nagar Post,
Location: High
Court of
Karnataka
                       Bengaluru-560 053.
                                                                     ...Respondent
                                                 ***
                         This Regular First Appeal is filed under Section 96 of the
                   Code of Civil Procedure, 1908, praying to call for records in
                   O.S.No.25856/2015 on the file of the IV Additional City civil
                   and Sessions Judge at Mayohall Unit, Bengaluru (CCH-21), set
                   aside the judgment and order dated 29th August 2018 passed
                   therein by allowing this appeal with costs throughout, in the
                   interest of justice.
                                  -2-
                                               RFA No. 742 of 2019




      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."

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.

RFA No. 742 of 2019

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*