Sri Shankar S/O Ganesh Rao vs State Bank Of Mysore
2024 Latest Caselaw 3278 Kant

Karnataka High Court

Sri Shankar S/O Ganesh Rao vs State Bank Of Mysore on 2 February, 2024

                                                -1-
                                                           NC: 2024:KHC:4999
                                                       RFA No. 1805 of 2006




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 2ND DAY OF FEBRUARY, 2024

                                            BEFORE
                              THE HON'BLE MR JUSTICE C M JOSHI
                        REGULAR FIRST APPEAL NO. 1805 OF 2006 (MON)
                   BETWEEN:
                         SRI. SHANKAR,
                         SON OF GANESH RAO,
                         AGED ABOUT 50 YEARS,
                         M/S. TULSI STORES,
                         NO.10, R.K.STREET,
                         LINGAPPA BLOCK,
                         SESHADRIPURAM,
                         BANGALORE-560002.


                                                            ...APPELLANT
                   (BY SRI. S JAYA SAKTHI VEL.,ADVOCATE)

                   AND:
                   1.    STATE BANK OF MYSORE,
                         GANGENAHALLI BRANCH,
Digitally signed         NO.327, BELLARY ROAD,
by ANNAPURNA             GANGENAHALLI, BANGALORE-32,
G
Location: High
                         REPRESENTED BY ITS MANAGER/
Court of                 PRINCIPAL OFFICER.
Karnataka
                   2.    SRI. V. MANJUNATHA RAO
                         ALIAS V. MANJUNATHA,
                         AGED ABOUT 46 YEARS,
                         NO.10, R. K. STREET,
                         SESHADRIPURAM,
                         LINGAPPA BLOCK,
                         BANGALORE-560020.

                                                            ...RESPONDENTS
                             -2-
                                          NC: 2024:KHC:4999
                                      RFA No. 1805 of 2006




    THIS RFA IS FILED U/S.96 OF CPC,1909 AGAINST THE
JUDGMENT AND DECREE DATED 13.03.2006 PASSED IN
OS.NO.421/01 ON THE FILE OF THE X ADDL.CITY CIVIL JUDGE,
BANGALORE, DECREEING THE SUIT FOR RECOVERY OF
MONEY.

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

It is brought to the notice of the Court that the

appellant as well as the counsel for the appellant are no

more. Therefore, the Court notice could not be issued.

From the records, it is seen that the counsel for the

appellant is reported to be dead, as per the information

updated from the website of the Bar Council. The appeal

was still at the stage of the office objections when it was

noticed that the counsel for the appellant was no more.

Since 2006, the office objections were not complied and

therefore, the matter did not reach the Court. By default,

the matter should have been placed before Court, if the

office objections are not complied within a period of seven

days. Therefore, there is a serious lapse on the part of the

Registry.

NC: 2024:KHC:4999

2. In the light of the observations made above, the

appeal stands dismissed for non-compliance of the office

objections.

Sd/-

JUDGE

PHM