Abdul Latif Sahed vs M/S Karnataka State Road ...
2023 Latest Caselaw 6348 Kant

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                                                        NC: 2023:KHC:32910
                                                     RSA No. 1338 of 2020




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 7TH DAY OF SEPTEMBER, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                      REGULAR SECOND APPEAL NO.1338 OF 2020 (INJ)

                   BETWEEN:

                   ABDUL LATIF SAHED
                   LEFT HIS SON SUCCESSOR IN INTEREST AND
                   SECRETARY MASJID-E-NIMRA
                   L RIYAZ AHMED
                   S/O G ABDUL LATHIEF
                   AGED ABOUT 70 YEARS,
                   R/AT NO.19, I L S MANZIL
                   TILAK NAGAR, ATTIBELE
                   BENGALURU-562107
                                                             ...APPELLANT
                   (BY SRI. SRINIVASA K, ADVOCATE)
Digitally signed   AND:
by SHARANYA T
Location: HIGH
COURT OF           M/S KARNATAKA STATE ROAD TRANSPORT
KARNATAKA          CORPORATION, KIMCO BUILDING, KSRTC,
                   RAMANGARA DIVISION, DEEPANJALI NAGAR,
                   MYSORE ROAD, BENGALURU-560026
                   REP. BY ITS DIVISIONAL CONTROLLER
                   R C MALLIKARJUNA
                   S/O CHANDRA SHEKARAIAH
                   AGED ABOUT 55 YEARS

                                                           ...RESPONDENT
                   (BY SRI P D SURANA, ADVOCATE)
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                                          NC: 2023:KHC:32910
                                       RSA No. 1338 of 2020




    THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 10.08.2020
PASSED IN RA.No.31/2020 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL,
BANGALORE RURAL DISTRICT AND ETC.

     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                        ORDER

On 04.08.2023, at the request of the counsel for the

appellant, a week's time was granted to comply with the

office objections and also made it clear that if office

objections are not complied within the stipulated time, the

appeal will be dismissed. On 11.08.2023, the counsel for

the appellant was absent and this Court observed that

inspite of time was sought, the counsel for the appellant

has not complied with the office objections and in the ends

of justice, one more opportunity was given to the counsel

for the appellant to comply with the office objections and

also made it clear that if office objections are not complied

within the stipulated time, the appeal will be dismissed. On

28.08.2023 also the counsel for the appellant was absent

and this Court observed that inspite this Court directed the

NC: 2023:KHC:32910 RSA No. 1338 of 2020

counsel for the appellant to serve a copy of this appeal

memo on the Caveator counsel, he has not served.

However, in the ends of justice, again one more

opportunity was granted to him and also made it clear that

if the counsel for the appellant fails to furnish a copy of

this appeal memo on the other side and fails to appear

before the Court on the next date of hearing, the appeal

will be dismissed.

2. Today also the counsel for the appellant is

absent. Inspite of sufficient opportunity provided to the

counsel for the appellant, he is not pursuing the matter

diligently. Hence, the appeal is dismissed in view of the

order dated 28.08.2023.

Sd/-

JUDGE

SN