Honnappa vs S A Murthy
2024 Latest Caselaw 3380 Kant

Karnataka High Court

Honnappa vs S A Murthy on 5 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                             NC: 2024:KHC:4853
                                                          RFA No. 676 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 5TH DAY OF FEBRUARY, 2024

                                             BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 676 OF 2023 (MON)
                      BETWEEN:

                      HONNAPPA
                      S/O KRISHNAPPA
                      AGED ABOUT 60 YEARS
                      R/AT SRI LAKSHMI VENKATESHWARA KRUPA
                      RAGHAVENDRA NAGARA EXTENSION
                      SAKALESHPURA TOWN
                      HASSAN DISTRICT
                                                                   ...APPELLANT
                      (BY SRI. GIRIGOWDA C., ADVOCATE [ABSENT])

                      AND:

                      S A MURTHY
                      S/O S H ARJUN RAO
                      AGED ABOUT 50 YEARS
                      PANDURANGA RICE MILL
Digitally signed by
HEMALATHA A           MALALI ROAD
Location: High        RAGHAVENDRA EXTENSION
Court of
Karnataka             SAKALESHPURA NAGARA
                      HASSAN DISTRICT
                                                                  ...RESPONDENT
                           THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
                      THE JUDGMENT AND DECREE DATED 12.12.2022 PASSED IN
                      OS No.7/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
                      JMFC, SAKLESHPURA, DISMISSING THE SUIT FOR RECOVERY
                      OF MONEY.

                          THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT DELIVERED THE FOLLOWING:
                                 -2-
                                                 NC: 2024:KHC:4853
                                               RFA No. 676 of 2023




                           JUDGMENT

Inspite of granting opportunity for seven times, the

office objections have not been complied with.

2. Even when the matter was posted before the Court for

compliance of office objections on 01.02.2024, none appeared

for the appellant in both the sessions and office objections have

not been complied with and the matter was ordered to be listed

on 02.02.2024 at the top of the list for 'orders'. Even on

02.02.2024 also, none appeared for the appellant in both the

sessions and the office objections have not been complied with

and the matter was ordered to be listed to today at the top of

the list under the caption 'for dismissal'.

3. Even today also, there is no representation on behalf of

the appellant in both the sessions and the office objections

have not been complied with. It appears that the appellant is

not interested in prosecuting the appeal.

4. Hence, the appeal is dismissed for default and non-

prosecution.

Sd/-

JUDGE

CM