Sri Dasegowda vs Sri K M Devaraj
2024 Latest Caselaw 15032 Kant

Karnataka High Court

Sri Dasegowda vs Sri K M Devaraj on 28 June, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                  -1-
                                                                   NC: 2024:KHC:24273
                                                              MFA No. 6432 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 28TH DAY OF JUNE, 2024
                                                BEFORE
                              THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      MISCELLANEOUS FIRST APPEAL NO. 6432 OF 2023 (CPC)
                      BETWEEN:
                          SRI DASEGOWDA,
                          S/O LATE DASAPPA @ DASEGOWDA,
                          AGED ABOUT 86 YEARS,
                          AGRICULTURIST,
                          R/AT BILAGUMBA VILLAGE,
                          KASABA HOBLI, RAMANAGARA TALUK,
                          RAMANAGARA DISTRICT 562 159.
                                                                         ...APPELLANT
                      [BY SRI. SADASHIVAIAH K.G., ADVOCATE (AB)]
                      AND:
                          SRI K.M. DEVARAJ,
                          S/O LATE MUNIMAREGOWDA,
                          AGED ABOUT 68 YEARS,
                          AGRICULTURIST,
                          R/AT "SHIVAGIRI NILAYA",
                          SHANTILAL LAYOUT,
                          OPP. WATERTANK, RAYARADODDI,
                          RAMANAGARA TALUK,
                          RAMANAGARA DISTRICT - 562 159.
Digitally signed by
GEETHAKUMARI                                                          ...RESPONDENT
PARLATTAYA S
Location: High               THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
Court of Karnataka
                      AGAINST THE ORDER DATED 06.04.2023 PASSED ON I.A. NO.1       IN
                      O.S.NO. 164/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
                      JUDGE AND JMFC, RAMANAGARA, REJECTING I.A. NO.1 FILED
                      UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 OF CPC.


                             THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT DELIVERED THE FOLLOWING:
                                 -2-
                                               NC: 2024:KHC:24273
                                            MFA No. 6432 of 2023




                           JUDGMENT

Since matter was listed for non-compliance of office

objections for 4th time, as a final opportunity, appellant was

permitted to comply with office objections during course of day.

2. It is reported that appellant has not complied office

objections. Hence, there is no other option than to conclude

that appellant is not interested in pursuing this appeal.

3. Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

PSG