Srihari Krishna N vs Ganapathi Rajan M
2024 Latest Caselaw 4500 Kant

Karnataka High Court

Srihari Krishna N vs Ganapathi Rajan M on 14 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                           NC: 2024:KHC:6332
                                                       RFA No. 884 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 14TH DAY OF FEBRUARY, 2024

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                          REGULAR FIRST APPEAL NO. 884 OF 2020 (INJ)
                   BETWEEN:

                   MR SRIHARI KRISHNA N
                   AGED ABOUT 38 YEARS
                   W/O LATE NARYANAPPA M
                   R/AT F-1, BBMP NO.13
                   PID NO. 14-81-13/5
                   2ND MAIN ROAD, 14TH CROSS
                   MUNESHWARA BLOCK
                   MAHALAKSHMI LAYOUT
                   BANGALORE-560086.
                                                                ...APPELLANT
                   (BY SRI. HARISH N.,ADVOCATE [ABSENT])

                   AND:

                   1.    MR GANAPATHI RAJAN M
Digitally signed         S/O MUTHU KUMAR
by HEMALATHA
A                        AGED ABOUT 50 YEARS
Location: High           RESIDING AT NO.189
Court of                 2ND MAIN ROAD, 5TH CROSS
Karnataka
                         PRAKSH NAGAR, BENGALURU-560021.

                   2.    KARNATAKA STATE CO-OPERATIVE
                         APEX BANK LIMITED
                         PADHMANABABAGAR BRANCH
                         NO.67, RICM COMPLEX
                         PADMANABA NAGAR, BENGALURU-560070
                         REP. BY ITS AUTHORIZED SIGNATORY
                                                             ...RESPONDENTS
                   (BY SRI. SUNIL KUMAR H N.,ADVOCATE FOR C/R2:
                   NOTICE NOT ORDERED TO R1)
                                -2-
                                              NC: 2024:KHC:6332
                                            RFA No. 884 of 2020




     THIS RFA FILED UNDER SECTION 96 OF CPC., AGAINST
THE ORDER DATED 14.01.2020 PASSED ON IA No.III IN OS
No.5183/2019 ON THE FILE OF THE LV ADDL.CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU (CCH-56) ALLOWING THE
IA No.III FILED UNDER ORDER VII RULE 11(d) OF CPC FOR
REJECTION OF PLAINT.

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

This matter was posted before the Registrar for non-

compliance of office objections four times, none appeared

for the appellant and the office objections were not

complied with.

2. The matter was posted before the Court on

31.07.2023. On that day, a week's time was granted for

compliance of office objections. Again, the matter was

listed on 05.10.2023 for non-compliance of office

objections. On that day, two weeks time was granted to

comply with the office objections. Again, the matter was

listed on 13.02.2024. None appeared for the appellant

and the office objections were not complied with. Hence,

the matter was ordered to be listed to today under the

caption 'for dismissal'.

NC: 2024:KHC:6332

3. Even today, none appeared for the appellant in

both the sessions and the office objections are not

complied with. It appears that the appellant is not

interested in prosecuting the appeal.

4. Appeal is dismissed for non-prosecution.

Sd/-

JUDGE

CM