Mr. Govindaraju vs Smt. Samiunnissa Begum
2023 Latest Caselaw 8226 Kant

Karnataka High Court

Mr. Govindaraju vs Smt. Samiunnissa Begum on 23 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                -1-
                                                            NC: 2023:KHC:42204
                                                      MFA No. 2770 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 23RD DAY OF NOVEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 2770 OF 2017 (CPC)
                   BETWEEN:

                   1.    MR. GOVINDARAJU
                         S/O VENKATAPPA
                         AGED ABOUT 44 YEARS.

                   2.    SMT. RATHNA
                         W/O GOVINDARAJU
                         AGED ABOUT 38 YEARS
                         BOTH ARE RESIDING AT:
                         V.P. ROAD, 3RD CROSS
                         SEENAPPA BUILDING
                         OLD MADIWALA, BENGALURU 560 068.
                                                                 ...APPELLANTS
                   (BY SRI. Y HARIPRASAD., ADVOCATE [ABSENT])

                   AND:
Digitally signed
by
DHANALAKSHMI       SMT. SAMIUNNISSA BEGUM
MURTHY             W/O RASHEED KHAN
Location: High
Court of           RESIDENT OF NO.20
Karnataka          BABU RAO STREET
                   MALUR, KOLAR
                                                                ...RESPONDENT
                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) OF CPC,
                   AGAINST THE ORDER DATED: 02.01.2017 PASSED IN
                   MISC.NO.88/2013 ON THE FILE OF THE XXIV ADDITIONAL CITY
                   CIVIL AND SESSION JUDGE, BENGALURU CITY, DISMISSING
                   THE PETITION AS NOT MAINTAINABLE ON COSTS OF
                   RS.5,000/-.PETITION UNDER ORDER IX RULE 13 READ WITH
                   SECTION 151 OF THE CODE OF CIVIL PROCEDURE.
                               -2-
                                            NC: 2023:KHC:42204
                                         MFA No. 2770 of 2017




     THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                          JUDGMENT

When the matter was listed on 21.11.2023, none

appeared for the appellants and the matter was ordered to be

posted to 22.11.2023 as a last chance. Even on 22.11.2023

also none appeared for the appellants and hence the matter

was ordered to be listed on 23.11.2023 at the top of the list

under the caption 'for dismissal'. Even today, when the matter

is called, none appeared for the appellants. It appears that the

appellants are not interested in prosecuting the appeal.

2. Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

CM