K G Nagaraj vs Kum Dundu Biswana
2024 Latest Caselaw 786 Kant

Karnataka High Court

K G Nagaraj vs Kum Dundu Biswana on 9 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                            -1-
                                                         NC: 2024:KHC:1013
                                                     RFA No. 1207 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.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 1207 OF 2020 (MON)

                   BETWEEN:

                   K G NAGARAJ
                   S/O K B GOVINDA
                   AGED ABOUT 54 YEARS
                   R/AT NO.16, GROUND FLOOR
                   12TH CROSS, KETAMARANAHALLI
                   RAJAJINAGAR I BLOCK
                   BENGALURU-560010.
                                                              ...APPELLANT
                   (BY SRI. CHANDRASHEKAR H B., AND
                   SRI. K VEERESH, ADVOCATES [ABSENT])
                   AND:

Digitally signed   KUM. DUNDU BISWANA
by
DHANALAKSHMI       D/O J R KRISHNASWAMY
MURTHY
Location: High     AGED ABOUT 27 YEARS
Court of
Karnataka          R/AT NO.301, C-1 BLOCK
                   WHISPERING MEADOW APARTMENTS
                   DOLLARS COLONY
                   BENGALURU-560094.
                                                            ...RESPONDENT
                        THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
                   AGAINST THE JUDGMENT AND DECREE DATED 20.09.2019
                   PASSED IN O.S.NO.2348/2016 ON THE FILE OF THE XXXV
                   ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, DECREEING
                   THE SUIT FOR RECOVERY OF MONEY.
                               -2-
                                            NC: 2024:KHC:1013
                                         RFA No. 1207 of 2020




    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 on 08.01.2024

for non-compliance of office objections, none appeared for

the appellant and office objections have not been complied

with. Hence, the registry was directed to post this matter

at the top of the list under the caption 'for dismissal'.

3. Today, when the matter was called twice, there is

no representation on behalf of the appellant and the office

objections 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