IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.679 OF 2017 BETWEEN:
Sri K.Narayanaswamy, S/o Late Kondappa, Aged 51 years, Residing at No.12/1, Nagarabavi Main Road, S.V.G.Nagar, Moodalapalya, Bangalore-560 072. .. Appellant ( By Sri B.Thyagaraja, Advocate ) AND:
1. Sri Syed Hassen, Since deceased, Rep.by his LR’s (Res.No.2 to 6 are his LR’s) 2. Sri Shafi, S/o Syed Hassen, Aged 39 years, 3. Sri Mohammed, S/o Syed Hassen, Aged 40 years, 4. Smt.Mubinna D/o Syed Hassen, Aged 35 years, 5. Smt.Shameen, D/o Syed Hassen, Aged 33 years, 6. Smt.Hameerabi, D/o Syed Hassen, Aged 32 years, All are residing at Chikkabettahalli, Yelahanka Hobli, Bangalore North Taluk-560 094, Bangalore. .. Respondents This Regular First Appeal is filed under Section 96 (1) of CPC against the judgment and decree dated 3.1.2017, passed in O.S.No.25476/2007, on the file of the 29th Addl.City Civil & Sessions Judge, at Bangalore (CCH-30), dismissing the suit for permanent 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.
A perusal of the order sheet would go to show that in this appeal of the year 2017, in spite of granting sufficient opportunity, the appellant has not complied the office objections.
On 11.11.2019, this Court had made the following observations :
“ Learned counsel for the appellant absent.
As a last chance, a week’s time is granted, making it clear that non compliance of office objections within the said period would lead this Court to pass appropriate order including the dismissal of the appeal for non compliance.”
Despite the above, when the matter is taken up in two rounds today, learned counsel for the appellant has remained absent, which clearly goes to show that the appellant is not evincing any interest in complying the office objections and in prosecuting the appeal.
As such, the Appeal stands dismissed for non-compliance of office objections, as well for non-prosecution.
Sd/- JUDGE bk/