M/S Pearl Communityone Developers ... vs Mr Abraham John
2024 Latest Caselaw 520 Kant

Karnataka High Court

M/S Pearl Communityone Developers ... vs Mr Abraham John on 5 January, 2024

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                          -1-
                                                                  NC: 2024:KHC:783-DB
                                                                    RFA No. 30 of 2022




                                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                   DATED THIS THE 5TH DAY OF JANUARY, 2024

                                                   PRESENT
                                   THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
                                                      AND
                            THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
                                  REGULAR FIRST APPEAL NO. 30 OF 2022 (MON)
                           BETWEEN:

                           M/S PEARL COMMUNITYONE DEVELOPERS
                           PRIVATE LIMITED, A COMPANY INCORPORATED
                           UNDER THE COMPANIES ACT, 1956, PRESENTLY
                           HAVING ITS REGISTERED OFFICE AT OLD NO.33
                           NEW NO.8/1, HAUDIN ROAD, BENGALURU 560 042
                           REP. BY ITS MANAGING DIRECTOR
                           MR. CHRISLYN CARDOZA                      ...APPELLANT

                           (BY SRI. PAWAN KUMAR M N., ADV.)

                           AND:

                           1.      MR ABRAHAM JOHN
                                   S/O LATE M.G.ABRAHAM
                                   AGED ABOUT 73 YEARS

Digitally signed by MALA K 2.      MRS LISSY ABRAHAM JOHN
N                                  W/O MR. ABRAHAM JOHN
Location: HIGH COURT OF            AGED ABOUT 68 YEARS
KARNATAKA
                            3.     MS LEENA JOHN
                                   D/O MR. ABRAHAM JOHN
                                   AGED ABOUT 44 YEARS

                           4.      MR ABY ABRAHM JOHN
                                   S/O MR. ABRAHAM JOHN
                                   AGED ABOUT 39 YEARS

                           5.      MR FEBY MATHEW JOHN
                                   S/O MR. ABRAHAM JOHN
                                   AGED ABOUT 37 YEARS
                                 -2-
                                           NC: 2024:KHC:783-DB
                                             RFA No. 30 of 2022




     ALL ARE R/AT NO.401 & 402
     SHELTER APARTMENTS, NO.15
     PALMGROVE ROAD, VIVEKNAGAR
     BENGALURU-560 047                    ...RESPONDENTS

(BY SRI. SRINIVASA N., ADV. AND
    SRI. P. B. RAJU, ADV. FOR C/R1 TO C/R5 [ABSENT])

     THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ
WITH SECTION 96 OF CPC. 1908 AGAINST THE JUDGMENT
AND    DECREE    DATED    01.09.2021   PASSED    IN
OS.No.25322/2016 ON THE FILE OF THE XIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT,
BENGALURU, PARTLY DECREEING THE SUIT FOR RECOVERY
OF MONEY.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:

                      JUDGMENT

Shri Pawan Kumar, learned Advocate appears

for the appellants.

2. This appeal is of the year 2022 and it is

listed for fourth time for non-compliance of office

objections. This Court has passed a peremptory

order on 11.08.2023. Despite peremptory order,

office objections are not complied with and court fee

has not been paid till today.

NC: 2024:KHC:783-DB

In the circumstance, the appeal is dismissed

for non-prosecution and non-compliance of office

objections.

No costs.

SD/-

JUDGE

SD/-

JUDGE

PA CT:HS