Mr. Suresh M.A vs Mr. Nirmal Kumar M.H
2024 Latest Caselaw 22193 Kant

Karnataka High Court

Mr. Suresh M.A vs Mr. Nirmal Kumar M.H on 2 September, 2024

                                              -1-
                                                      NC: 2024:KHC:35687
                                                    MFA No. 5250 of 2023



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 2ND DAY OF SEPTEMBER, 2024

                                          BEFORE
                  THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
             MISCELLANEOUS FIRST APPEAL NO. 5250 OF 2023 (CPC)
             BETWEEN:

                   MR. SURESH M.A
                   S/O LATE ASHWATHANARAYANA M.C.
                   AGED ABOUT 59 YEARS,
                   R/AT NO.154/27,
                   2ND 'D' CROSS, NAGENDRA BLOCK,
                   BSK 3RD STAGE,
                   BANGALORE - 560 026.
                                                              ...APPELLANT
             (BY SMT.SUMATHI S., ADVOCATE - ABSENT)
             AND:
             1.    MR. NIRMAL KUMAR M.H
                   S/O LATE HARIHARAN,
                   AGED ABOUT 29 YEARS

             2.    MR. BALARAMA M.A.
                   S/O LATE ASHWATHNARAYANA M.C.
                   AGED ABOUT 56 YEARS,
Digitally    3.    MRS. M.A. RAJAMANI,
signed by
MEGHA              W/O LATE ASHWATHNARAYANA M.C.
MOHAN              AGED ABOUT 79 YEARS,
Location:    4.    MS. VINUTHA M.A.,
HIGH COURT
OF                 D/O LATE ASHWATHNARAYANA M.C.
KARNATAKA          AGED ABOUT 49 YEARS,

                   ALL ARE R/AT NO. 154/27,
                   2ND 'D' CROSS,
                   NAGENDRA BLOCK,
                   BSK 3RD STAGE,
                   BENGALURU - 560 026.
                                                          ...RESPONDENTS

             (BY SRI.NARAYANASWAMY T.N., ADVOCATE FOR C/R1)
                                  -2-
                                               NC: 2024:KHC:35687
                                             MFA No. 5250 of 2023



      THIS MFA FILED U/O.43 RULE 1(s) R/W SEC.151 OF CPC,
PRAYING TO SET ASIDE THE ORDER DATED: 22.06.2023 PASSED ON
IA IN OS.NO.5454/2022 ON THE FILE OF THE LXVIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, FILED U/O.40 RULE
1 OF CPC.
     THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:      HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                            ORAL JUDGMENT

On 06.12.2023, two weeks time was granted to comply

with the office objections. When this matter came up on

30.08.2024, as there was no representation on behalf of both

the parties, the matter was directed to be listed for 'dismissal'

on 31.08.2024 at 4:30 p.m. Again on 31.08.2024, this matter

was directed to be listed for 'dismissal' on 02.09.2024 at 2:30

p.m. Today, when the matter came up before this Court, there

is no representation on behalf of the appellant and in an appeal

of the year 2023, so far office objections are not complied with.

It appears that the appellant is not interested to pursue the

matter.

Accordingly, the appeal is dismissed for non-

prosecution.

SD/-

(LALITHA KANNEGANTI) JUDGE