Mr Raju G vs Mr A Sanaulla
2024 Latest Caselaw 4078 Kant

Karnataka High Court

Mr Raju G vs Mr A Sanaulla on 9 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                            -1-
                                                         NC: 2024:KHC:5611
                                                     RFA No. 1024 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 9TH DAY OF FEBRUARY, 2024

                                          BEFORE
                     THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 1024 OF 2022 (DEC/INJ)
                   BETWEEN:

                   MR RAJU G
                   S/O LATE GOVINDASWAMY
                   AGED ABOUT 53 YEARS
                   R/AT NO.7 VALLABHA NAGAR
                   SUBRAMANYAPURA MAIN ROAD
                   UTTARAHALLI MAIN ROAD
                   BENGALURU SOUTH TALUK
                                                              ...APPELLANT
                   (BY SRI. NIVEDITHA PRAKASH.,ADVOCATE [ABSENT])

                   AND:

                   MR A SANAULLA
                   S/O ALI JAN
                   AGED ABOUT 46 YEARS
Digitally signed
by HEMALATHA       R/AT C/O R HUSSAIN SAB
A                  VEGETABLE MERCHANT
Location: High     ANJANEYA TEMPLE STREET
Court of
Karnataka          UTTARAHALLI VILLAGE & HOBLI
                   SUBRAMANYAPURA POST
                   BENGALURU -560 061.
                                                            ...RESPONDENT
                        THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
                   THE JUDGMENT AND DECREE DATED 05.09.2019 PASSED IN
                   OS No.2329/2010 ON THE FILE OF THE XXV ADDITIONAL CITY
                   CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE
                   SUIT FOR DECLARATION AND INJUNCTION.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                 -2-
                                           NC: 2024:KHC:5611
                                        RFA No. 1024 of 2022




                          JUDGMENT

Inspite of granting opportunity for four times for

compliance of office objections, office objections are not

complied.

2. Even today, the matter is posted for non-

compliance of office objections. When the matter was

called in both the sessions, none appeared for the

appellant. The office objections are also not complied

with.

3. This appeal is filed by the defendant against the

judgment and decree passed by the trial court for

declaration and possession.

4. As per the trial court records, plaintiff filed an

execution petition in Ex.No.703/2020 and the execution

petition is also disposed of.

5. It appears that the appellant is not interested in

prosecuting the appeal.

NC: 2024:KHC:5611

6. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

CM