IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT CIVIL REVISION PETITION NO.315 OF 2018 BETWEEN:
DR.HALEMANE SHIVASWAMY MRUTYUNJAYA, S/O LATE SRI.H.S.SHIVASWAMY, AGED ABOUT 69 YEARS, RESIDING AT NO.789/A, 8TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE – 560 086. ... PETITIONER (BY SMT. R.P.BELLUBBI, ADVOCATE (ABSENT)) AND:
1. M/S. PRAGATHI GROUP, REPRESENTED BY MR.Y.A.HARIKISHORE, S/O MR.Y.A.ASWATH NARAYANA, HAVING THEIR OFFICE AT 28/2, 2ND FLOOR, (NEXT TO DBS BUSINESS CENTRE), CUNNINGHAM ROAD, BANGALORE – 560 052.
2. MR.V.ABDUL RAHIM, S/O LATE V.ABDUL HAMEED, MANAGING PARTNER, FOURMEN ASSOCIATES, RESIDING AT NO.724, 9TH CROSS, 2ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM POST, BANGALORE – 560 086.
... RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 23.04.2018 PASSED IN M.A.NO.23/2017 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE MISC. APPEAL FILED AGAINST THE ORDER DATED 21.11.2016 PASSED ON I.A.NO.1 IN O.S.NO.251/2014 ON THE FILE OF THE SENIOR CIVIL JUDG, NELAMANGALA, REJECTING THE IA NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC., PRAYING THE COURT TO GRANT AN ORDER OF TEMPORARY INJUNCTION.
THIS CRP COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER There was no representation for the petitioner on 18.11.2019. Even today, there is no representation.
The order under challenge is dated 23.04.2018 in M.A.No.23/2017 by which, order dated 21.11.2016 in O.S.No.251/2014 is confirmed. The trial Court had dismissed I.A.No.1 filed under Order 39 Rule 1 and 2 of CPC against which miscellaneous petition was filed in M.A.No.23/2017.
As the counsel for the petitioner is not present, the petition is dismissed for non-prosecution.
Sd/- JUDGE UN