Smt. Asha Rani vs Sri Ashok Babu Morla
2024 Latest Caselaw 3148 Kant

Karnataka High Court

Smt. Asha Rani vs Sri Ashok Babu Morla on 1 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                         NC: 2024:KHC:4393
                                                     RFA No. 550 of 2021




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                         BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        REGULAR FIRST APPEAL NO. 550 OF 2021 (INJ)
                 BETWEEN:

                 SMT. ASHA RANI
                 AGED ABOUT 29 YEARS
                 D/O MUNIRAJU
                 RESIDING AT HORAMAVU VILLAGE
                 K R PURAM HOBLI
                 BENGALURU-560 043
                                                              ...APPELLANT
                 (BY SRI. S SHIVAPRASAD.,ADVOCATE AND
                     SRI. HEMANTHA KUMAR, ADVOCATE [ABSENT])


                 AND:

                 1.    SRI ASHOK BABU MORLA
                       S/O SOMAIAHA MORLA
Digitally              AGED ABOUT 38 YEARS
signed by              R/T O.15 GROUND FLOOR
HEMALATHA
A                      HOYSALA NAGAR
Location: High         3RD MAIN 4TH CROSS
Court of
Karnataka              D STREET, RAMAMURTHY NAGAR EXTN
                       BENGALURU-560 016.

                 2.    MR RAMESH
                       S/O LATE DEVAPPA
                       AGED ABOUT 38 YEARS
                       R/AT NO.163 JAYANTHI NAGAR
                       HORAMAVU POST, BENGALURU-560 043.

                 3.    SRI R GANESH
                       AGED ABOUT 41 YEARS
                       S/O RAMALINGA
                              -2-
                                              NC: 2024:KHC:4393
                                            RFA No. 550 of 2021




     R/AT NO.920 AECS LAYOUT
     7TH MAIN C BLOCK
     KUNDALAHALLI
     BENGALURU -560 037
                                                ...RESPONDENTS
      THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 08.03.2019
PASSED IN O.S.NO.8463/2015         ON THE FILE OF THE LVIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-59)
BENGALURU CITY, DECREEING THE SUIT FOR PERMANENT
INJUNCTION.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

1. This Court, by order dated 24.08.2023 passed the

following order:

"Learned counsel for the appellant is not present.

Finally, one week time is granted to comply with

the office objections, failing which, the appeal

shall stand dismissed for default."

2. Even today, the office objections are not complied as

per the order dated 24.08.2023.

NC: 2024:KHC:4393

3. When the matter was called in the first round, none

appeared for the appellant. Even in the second round also

there is no representation on behalf of the appellant.

4. In view of the order dated 24.08.2023, the appeal is

dismissed for default.

Sd/-

JUDGE

HA