Sri. T. Nagaraj vs Sri. Munegowda
2024 Latest Caselaw 1066 Kant

Karnataka High Court

Sri. T. Nagaraj vs Sri. Munegowda on 11 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                         NC: 2024:KHC:1547
                                                     RFA No. 1485 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF JANUARY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1485 OF 2020 (INJ)
                   BETWEEN:

                   SRI. T. NAGARAJ
                   S/O LATE THIMMARAYAPPA
                   AGED ABOUT 60 YEARS
                   RESIDING AT NO 1
                   EAST END D MAIN ROAD
                   JAYANAGARA 9TH BLOCK
                   BENGALURU 560069.
                                                               ...APPELLANT
                   (BY SRI. ADINARAYANA.,ADVOCATE [ABSENT])

                   AND:

                   1.    SRI. MUNEGOWDA
                         S/O LATE YELLAPPA
                         AGED ABOUT 70 YEARS
Digitally signed
by
DHANALAKSHMI       2.    SMT SUSHEELAMMA
MURTHY                   W/O LATE HANUMANTHAPPA
Location: High
Court of                 AGED ABOUT 55 YEARS
Karnataka

                   3.    KRISHNAPPA
                         S/O LATE YELLAPPA
                         AGED ABOUT 52 YEARS
                         ALL ARE RESIDING AT NO 43
                         2ND MAIN, PUTTAIAH PALYA
                         9TH BLOCK, JAYANAGARA
                         BENGALURU 560069.
                                                          ...RESPONDENTS
                   (BY SRI. GURU PRASAD R.,ADVOCATE C/R1:
                   SRI. H.V.MANJUNATH, ADVOCATE FOR R2 & R3)
                                 -2-
                                                 NC: 2024:KHC:1547
                                              RFA No. 1485 of 2020




     THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W
SEC.96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE
DATED 31.01.2020 PASSED IN O.S.NO.78/2009 ON THE FILE
OF THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DISMISSING THE SUIT FOR INJUNCTION.

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

                           JUDGMENT

Inspite of granting opportunity for six times, the office

objections have not been complied with.

2. Even when the matter was posted before the Registrar

for compliance of office objections, none appeared for the

appellant. Even the matter was posted before the Court for

compliance of office objections on 08.01.2024, none appeared

for the appellant in both the sessions and office objections have

not been complied with and the matter was ordered to be listed

on 10.01.2024 at the top of the list for 'orders'. Even on

10.01.2024 also none appeared for the appellant in both the

sessions and the office objections have not been complied with

and the matter was ordered to be listed to today at the top of

the list under the caption 'for dismissal'.

3. Even today also there is no representation on behalf of

the appellant in both the sessions and the office objections

NC: 2024:KHC:1547

have not been complied with. It appears that the appellant is

not interested in prosecuting the appeal.

4. Hence, the appeal is dismissed for default and non-

prosecution.

Sd/-

JUDGE

CM