Sri Ashok Shetty vs Sri Nagendra Kumar S
2024 Latest Caselaw 4835 Kant

Karnataka High Court

Sri Ashok Shetty vs Sri Nagendra Kumar S on 16 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                            NC: 2024:KHC:6707
                                                         MFA No. 6257 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 6257 OF 2017 (CPC)

                   BETWEEN:

                   1.    SRI ASHOK SHETTY
                         S/O SANJEEV SHETTY,
                         AGED ABOUT 40 YEARS
                         "SRI MUKAMBIKA JUICE AND CHATS",
                         NO.15, 12TH MAIN ROAD,
                         2ND STAGE, JOOGANAHALLI,
                         RAJAJINAGAR,
                         BANGALORE-560 010.
                                                                 ...APPELLANT

                         (BY SRI. T. MOHANDAS SHETTY, ADVOCATE [ABSENT])

                   AND:

                   1.    SRI NAGENDRA KUMAR S.,
Digitally signed
by SHARANYA T            S/O SATCHIDANANDA MURTHY G.S.
Location: HIGH           AGED ABOUT 42 YEARS
COURT OF                 R/AT NO.46/1, AND 2,
KARNATAKA                5TH CROSS ROAD,
                         5TH MAIN ROAD,
                         MALLESHWARAM,
                         BANGALORE-560 003.
                                                               ...RESPONDENT

                         (BY SRI. LOURDU MARIYAPPA A., ADVOCATE FOR C/R
                                         [THROUGH VC])
                                -2-
                                                 NC: 2024:KHC:6707
                                             MFA No. 6257 of 2017




     THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF
THE CPC, AGAINST THE ORDER DATED 31.07.2017 PASSED ON
I.A.NO. 1 AND 2 IN O.S.NO.4421/2017 ON THE FILE OF THE
XXXI ADDITIONAL CITY CIVIL JUDGE AT BANGALORE,
DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1
AND 2 AND ALLOWING THE I.A.NO.2 FILED UNDER ORDER 39
RULE 4 OF CPC.

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

                          JUDGMENT

Learned counsel for the appellant is absent.

2. This Court, vide order dated 08.02.2024 noted that

though this matter is of the year 2017, learned counsel for the

appellant is not pursing the matter and also made it clear that

if the learned counsel for the appellant does not appear on the

next date of hearing, the appeal will be dismissed for non-

prosecution. Inspite of the said order, there is no

representation on behalf of the appellant at 3.10 p.m. also.

Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

ST