Mr. Mohammed Asif vs Bangalore Development Authority
2024 Latest Caselaw 751 Kant

Karnataka High Court

Mr. Mohammed Asif vs Bangalore Development Authority on 9 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                            NC: 2024:KHC:940
                                                        MFA No. 4197 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 9TH DAY OF JANUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 4197 OF 2020 (CPC)

                   BETWEEN:

                   1.    MR. MOHAMMED ASIF
                         S/O MOHAMMED YUSUFF,
                         AGED ABOUT 51 YEARS,

                   2.    MR. MOHAMMED YAKOOB
                         S/O MOHAMMED YUSUFF,
                         AGED ABOUT 46 YEARS,

                         (BOTH ARE RESIDING AT NO.62,
                         KHAJI STREET, BASAVANAGUDI,
                         BANGALORE-560004)
                                                               ...APPELLANTS

                               (BY SRI. GUBBI SWAMY S., ADVOCATE)
                   AND:
Digitally signed
by SHARANYA T
Location: HIGH     1.    BANGALORE DEVELOPMENT AUTHORITY
COURT OF                 REPRESENTED BY ITS COMMISSIONER,
KARNATAKA
                         CHOWDAIAH ROAD, BANGALORE.

                   2.    THE EXECUTIVE ENGINEER
                         BANGALORE DEVELOPMENT AUTHORITY,
                         BANGALORE SOUTH DIVISION,
                         KORAMANGALA BDA COMPLEX,
                         BANGALORE.

                   3.    SMT. CHANDRAKAL S. PAI
                         W/O SUBHFASH PAI,
                         AGED ABOUT 62 YEARS
                                -2-
                                               NC: 2024:KHC:940
                                         MFA No. 4197 of 2020




4.   MR. K. SUBHASH PAI
     S/O K. YOGESH PAI,
     AGED ABOUT 64 YEARS

     (BOTH ARE RESIDING AT NO.524,
     10TH MAIN ROAD, 33RD CROSS,
     4TH BLOCK, JAYANAGARA,
     BANGALORE-560011).
                                                ...RESPONDENTS

      THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 27.01.2020 PASSED ON
I.A.NO.I AND II IN OS.NO.3693/2019 ON THE FILE OF THE XLII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY, CCH.NO.43 DISMISSING THE I.A.NO.I AND II FILED
UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.


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


                          JUDGMENT

This appeal was filed in 2020 and matter is listed for non-

compliance of office objections for third time. Inspite of matter

being listed thrice for non-compliance of office objections, the

office objections are not complied with from the date of filing

the appeal.

Hence, no grounds to grant time again for compliance of

office objections.

NC: 2024:KHC:940

Accordingly, the appeal is dismissed for non-compliance

of office objections.

Sd/-

JUDGE

ST