IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.1721 OF 2016 BETWEEN:
M/s.Sanjay Traders, Prop.Mr.Sanjay Kumar, S/o Mr.Om Prakesh Suhasaria Aged about 47 years, Business at Site No.1, Vijay Bank Colony Road, R.M.Main Road, Doddabanaswadi, Bangalore-560 043. .. Appellant ( By Sri Eugene Prabhu B., Advocate ) AND :
Mr.C.Gunalan H/o Mrs.Thangamani Gunalan Aged about 68 years, Residing at No.192, 4th A Cross, R.R.Layout, Vijinapura, Bangalore-560 016. .. Respondent This Regular First Appeal is filed under Section 96 read with Order XLI of CPC, against the judgment and decree dated 25.7.2016 passed in O.S.No.26680/2013, on the file of XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bangalore, dismissing the suit for injunction.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
ORDER Called again in the second round. Learned counsel for the appellant absent.
2. A perusal of the order sheet would go to show that in this appeal of the year 2016, till date, the appellant has not taken steps to ensure service of notice upon the respondent. After ordering for issuance of notice, sufficient opportunities were given to the appellant to pay the process and to furnish copies to issue notice to the respondent. On one such occasion i.e., on 6.8.2019, this Court made the following observations :
“ Learned counsel for the appellant absent.
As finally, a week’s time is granted to take steps to ensure service of notice upon the respondent. It is made clear that non-taking of steps within the said time would lead this Court to pass appropriate order including dismissal of the appeal for non-prosecution and non-taking steps.”
Despite the above observation, as per the office note, the appellant has not paid the process fee to issue notice to the respondents. As such, it has to be inferred that the appellant is not evincing any interest in prosecuting the matter.
Accordingly, the Appeal stands dismissed for not taking steps and for non-prosecution.
Sd/- JUDGE bk/