Sri Bhuraram vs Nti Housing Co Operative Society Ltd
2024 Latest Caselaw 525 Kant

Karnataka High Court

Sri Bhuraram vs Nti Housing Co Operative Society Ltd on 5 January, 2024

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                        -1-
                                                                   NC: 2024:KHC:907-DB
                                                                   RFA No. 1483 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.1483 OF 2022 (M-INJ)
                           BETWEEN:

                           SRI BHURARAM
                           S/O VORARAMJI
                           AGED ABOUT 50 YEARS
                           R/AT NO.1, KODIGEHALLI POST
                           SAHAKARANAGAR YELAHANKA HOBLI
                           BANGALORE NORTH TALUK
                           BANGALORE 560 092                            ...APPELLANT

                           (BY SRI. H R ANANTHA KRISHNA MURTHY, ADV.)

                           AND:

                           1.      NTI HOUSING CO OPERATIVE SOCIETY LTD
                                   (NATIONAL TECHNOLOGICAL INSTITUTIONS
                                   HOUSING CO OPERATIVE SOCIETY LTD.)
                                   NO.G-5, PALACE ORCHARDS APARTMENTS
Digitally signed by MALA           6TH CROSS, 9TH MAIN, RMV EXTENSION
KN                                 BANGALORE 560 080 PRESENTLY AT NO. 527
Location: HIGH COURT               5TH CROSS OPP. HMT LAYUT PLAYGROUND
OF KARNATAKA                       R.T NAGAR, BANGALORE 560 032 BY ITS
                                   INCHARGE SECRETARY SRI. PRATAPCHAND RATHOD
                                   S/O LATE PEERAPPA AGED ABOUT 54 YEARS
                                   R/AT BANGALORE

                           2.      SRI. DEEPARAM
                                   S/O VORARAMJI
                                   AGED ABOUT 48 YEARS
                                   R/AT NO.1, KODIGEHALLI POST
                                   SAHAKARANAGAR YELAHANKA HOBLI
                                   BANGALORE NORTH TALUK
                                   BANGALORE 560 092             ...RESPONDENTS
                                 -2-
                                           NC: 2024:KHC:907-DB
                                           RFA No. 1483 of 2022




     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULE 1 OF CPC.,       AGAINST THE JUDGMENT AND
DECREE DATED 14.02.2022        PASSED IN OS No.26500/2014
ON THE FILE OF THE LXXII ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCH-73),        PARTLY DECREEING   THE
SUIT FOR MANDATORY INJUNCTION AND POSSESSION.


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



                       JUDGMENT

Shri H.R. Anantha Krishnamurthy, learned

Advocate appears for the appellant.

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 14.06.2023. Despite peremptory order,

office objections are not complied with and court fee

has not been paid till today.

NC: 2024:KHC:907-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