A. S. Gupta vs Badrinath Dewedi
2024 Latest Caselaw 5717 Kant

Karnataka High Court

A. S. Gupta vs Badrinath Dewedi on 23 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                             NC: 2024:KHC:7654
                                                        MFA No. 7892 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 7892 OF 2018 (CPC)

                   BETWEEN:

                   1.    A.S.GUPTA
                         AGED ABOUT 75 YEARS,
                         R/AT NO.33, JAYAMAHAL ROAD,
                         J.C. NAGAR,
                         BENGALURU-560 046,

                         AND ALSO AT NO.29,
                         3RD "B" CROSS,
                         LALBAHADDUR NAGAR,
                         BENGALURU-560 043.
                                                                  ...APPELLANT

                          (BY SRI MURALIDHARA L.V., ADVOCATE [ABSENT])
Digitally signed   AND:
by SHARANYA T
Location: HIGH     1.    BADRINATH DEWEDI
COURT OF
KARNATAKA                S/O. LATE S. RAM KISHORE SHASTRI,
                         AGED ABOUT 54 YEARS,
                         RESIDING AT PORTION OF
                         MUNICIPAL NEW NO.33, OLD NO.2,
                         MUNIREDDY PALYA MAIN ROAD,
                         JAYAMAHAL ROAD,
                         BANGALORE-560 046.

                   2.    VISHWANATH DEWEDI
                         S/O. LATE S.RAM KISHORE SHASTRI,
                         AGED ABOUT 54 YEARS,
                         RESIDING IN A PORTION OF
                              -2-
                                            NC: 2024:KHC:7654
                                         MFA No. 7892 of 2018




    MUNICIPAL NEW NO.33, OLD NO.2,
    MUNIREDDY PALYA MAIN ROAD,
    JAYAMAHAL ROAD,
    BANGALORE-560 046.
                                              ...RESPONDENTS

     THIS MFA IS FILED U/O.43 RULE 1(d) OF THE CPC,
AGAINST THE ORDER DT.30.06.2018 PASSED ON MIS.
NO.7/2018 ON THE FILE OF THE 3RD ADDITIONAL CITY CIVIL
SESSIONS JUDGE, BENGALURU, (CCH NO.25), DISMISSING
THE PETITION FOR FILED U/O.9 RULE 13 R/W SEC.151 OF
CPC.

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


                       JUDGMENT

This Court vide earlier order dated 09.02.2024 taken

note of the appeal was filed in the year 2018 and

objections are not complied. However in the ends of

justice another two weeks time granted to comply with the

office objections and also made it clear that if office

objections are not complied within two weeks, the appeal

will be dismissed for non-prosecution. Inspite of it, the

counsel for appellant has not complied with the office

objections. Almost 6 years has been elapsed for

NC: 2024:KHC:7654

compliance. Hence, the appeal is dismissed for non-

compliance of office objections.

Sd/-

JUDGE

RHS