The Jaraganahalli House Building Co ... vs Sri.S.Mehaboob
2023 Latest Caselaw 8231 Kant

Karnataka High Court

The Jaraganahalli House Building Co ... vs Sri.S.Mehaboob on 23 November, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                   -1-
                                                            NC: 2023:KHC:42393-DB
                                                               RFA No. 1542 of 2021




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 23RD DAY OF NOVEMBER, 2023

                                                PRESENT

                               THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

                                                   AND

                           THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                      REGULAR FIRST APPEAL NO. 1542 OF 2021 (DEC/INJ)

                      BETWEEN:

                      THE JARAGANAHALLI HOUSE BUILDING
                      CO OPERATIVE SOCIETY LIMITED
Digitally signed by   (REPRESENTED BY ITS SECRETARY
ANUSHA V              MR. MUNAWAR AHMED KHAN)
Location: HIGH        J.P. NAGAR, BENGALURU-560 078.
COURT OF              BANGALORE SOUTH
KARNATAKA
                      NEW BBMP-560 076.                               ...APPELLANT

                      (BY SMT. J. SHAHIDA KHANAM, ADVOCATE AND
                          SHRI. S. GOVARDHAN, ADVOCATE [ABSENT])

                      AND:

                      1.     SRI. S. MEHABOOB
                             S/O SRI. S. IMAM SAB
                             AGE ABOUT 45 YEARS
                             R/AT NO. 209 AB
                             MINHAJ NAGAR, J.P.NAGAR POST
                             BANGALORE-560 078.

                      2.     SMT. FAHMIDA BEGUM
                             W/O MEERZIA UL HAQ
                             AGED ABOUT 62 YEARS
                             R/AT NO. 218TH CROSS
                             TEACHERS COLONY, 2ND STAGE
                             KADRENAHALLI CROSS, BSK 2ND STAGE
                             BANGALORE-560 070.                    ...RESPONDENTS

                             THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
                      THE JUDGMENT AND DECREE DATED 13.11.2020 PASSED IN
                      OS.No.3215/2015 ON THE FILE OF THE XVII ADDITIONAL CITY
                      CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT
                      FOR DECLARATION AND INJUNCTION.
                                  -2-
                                           NC: 2023:KHC:42393-DB
                                              RFA No. 1542 of 2021




      THIS RFA, COMING ON FOR ORDERS, THIS                   DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:

                              JUDGMENT

This appeal is of the year 2021 and it is listed for

fifth time for non-compliance of office objections.

None appears for the appellant. Despite peremptory

order and imposition of cost, till today, office objections

have not been complied and cost is also not paid.

It appears that appellant is not interested in prosecuting

this appeal. In the circumstance, this appeal is

dismissed for non-prosecution.

2. In view of disposal of this appeal, pending

interlocutory applications, if any, do not survive for

consideration and they stand disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

AV