Sri. C. Rajanna vs Smt. B. N. Venkatalakshmi
2024 Latest Caselaw 19460 Kant

Karnataka High Court

Sri. C. Rajanna vs Smt. B. N. Venkatalakshmi on 2 August, 2024

                                               -1-
                                                       NC: 2024:KHC:30615-DB
                                                            MFA No.3180/2016




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 2ND DAY OF AUGUST, 2024
                                             PRESENT
                         THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                               AND
                       THE HON'BLE MR JUSTICE VENKATESH NAIK T
                     MISCELLANEOUS FIRST APPEAL NO.3180/2016 (AA)
                BETWEEN:

                1.    SRI. C. RAJANNA
                      S/O. LATE SRI. CHIKKAMUNIYAPPA
                      AGED ABOUT 61 YEARS

                2.    SMT. NAGAMANI
                      W/O. SRI. C. RAJANNA
                      AGED ABOUT 52 YEARS

                3.    SMT. R. MAMATHA
                      D/O. SRI. C. RAJANNA
                      W/O. SRI. CHANDRASHEKHAR
                      AGED ABOUT 29 YEARS

                4.    SMT. R. ANITHA
                      D/O. SRI. C. RAJANNA
Digitally             W/O. SRI. T.D. YOGESH KUMAR GOWDA
signed by A K         AGED ABOUT 27 YEARS
CHANDRIKA
Location:
High Court of         APPELLANT NOS.1 TO 4 ARE
Karnataka             R/AT NO.258, SUGGATTA ROAD
                      HUNSMARANAHALLI VILLAGE, JALA HOBLI
                      BENGALURU NORTH TALUK-652827            ... APPELLANTS

                (BY SRI. R B SADASIVAPPA, ADVOCATE (ABSENT))


                AND:

                SMT. B. N. VENKATALAKSHMI
                W/O. SRI. C.L.N. MURTHY
                AGED ABOUT 66 YEARS
                              -2-
                                           NC: 2024:KHC:30615-DB
                                             MFA No.3180/2016




REP. BY HER GENERAL POWER OF ATTORNEY HOLDER
SRI. C.L. SANTOSH KUMAR
S/O. SRI. C.L.N. MURTHY
AGED ABOUT 42 YEARS
R/AT NO. 5AC-420, 2ND BLOCK
HRBR LAYOUT, KALYANANAGARA
BENGALURU - 560 042                          ...RESPONDENT

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) (c) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
27.02.2016 PASSED IN ARBITRATION SUIT NO.15001/14 ON THE
FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE,
DEVANAHALLI, BENGALURU RURAL DISTRICT, DISMISSING THE
SUIT FILED UNDER SECTION 34 OF ARBITRATION AND
CONCILIATION ACT 1996.

     THIS APPEAL, COMING ON FOR ORDERS,                THIS     DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MRS JUSTICE K.S.MUDAGAL
          AND
          HON'BLE MR JUSTICE VENKATESH NAIK T

                      ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

No representation for the appellants.

2. This matter was already once dismissed on

28.06.2017 for non compliance. For recalling the said order,

the appellant filed I.A.No.1/2021 after three years. By order

dated 01.09.2021 that application was allowed and the matter

was restored.

NC: 2024:KHC:30615-DB

3. Now since 2021 for another three years, office

objections are not complied. Such conduct of the appellant is

nothing but, the abuse of process of Court. No good purpose

will be served by granting further adjournment. Therefore, the

appeal is dismissed.

Sd/-

(K.S.MUDAGAL) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

PKN