Cosmopolitan Club (Regd) vs Smt. Priya Shah
2024 Latest Caselaw 5608 Kant

Karnataka High Court

Cosmopolitan Club (Regd) vs Smt. Priya Shah on 22 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                         NC: 2024:KHC:7472
                                                      RFA No. 2030 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                      REGULAR FIRST APPEAL NO. 2030 OF 2017 (INJ)
                   BETWEEN:

                   COSMOPOLITAN CLUB (REGD)
                   22ND CROSS, 3RD BLOCK JAYANAGAR
                   BENGALURU-560 011.
                   REPRESENTED BY ITS SECRETARY
                   MR. A.N.K. RAJU.
                                                                 ...APPELLANT
                   (BY SRI.B.S. RANGANATH., ADVOCATE (ABSENT))

                   AND:

                   SMT. PRIYA SHAH
                   AGED ABOUT 45 YEARS
                   D/O MOHAN RADHAKRISHNA AHUJA
                   WIFE OF SHAH RAKESH KUMAR
                   # 401, "RAJ OPEL" 4TH FLOOR
Digitally signed   MAHAVEER MARG, J P NAGAR
by HEMALATHA
A                  BENGALURU-560 011.
Location: High                                              ...RESPONDENT
Court of
Karnataka          (BY SRI. B PRAMOD.,ADVOCATE)

                        THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI
                   RULES 1 AND 2 OF CPC., AGAINST THE JUDGMENT AND
                   DECREE DATED 28.10.2017 PASSED IN OS.NO.27245/2011 ON
                   THE FILE OF THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS
                   JUDGE, BENGALURU, DECREEING THE SUIT FOR PERMANENT
                   INJUNCTION AND DECLARATION.

                        THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
                   DAY, THE COURT DELIVERED THE FOLLOWING:
                             -2-
                                           NC: 2024:KHC:7472
                                        RFA No. 2030 of 2017




                         JUDGMENT

1. None appears for the appellant.

2. On 02.02.2024, when the matter was posted before

the Court, none appeared for the appellant and hence, the

matter was directed to be listed on 09.02.2024. Even on

09.02.2024, when the matter was called out, none

appeared for the appellant and learned counsel for

respondent was present. As a last chance, the matter was

directed to be listed on 22.02.2024. Even today, when the

matter is called out, none appears for the appellant and

learned counsel for the respondent is present. It appears

that the appellant is not interested in prosecuting the

appeal.

3. Hence, the appeal is dismissed for default and

non-prosecution.

Sd/-

JUDGE

HA