IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.4776 OF 2017 (CPC) BETWEEN:
SRI. R. L. JAIN S/O. PIRULAL JAIN, MAJOR, R/AT SINGASANDRA VILLAGE, BENGALURU SOUTH TALUK, BENGALURU-560 060. ... APPELLANT (BY SRI T SESHAGIRI RAO, ADVOCATE) AND:
SMT. P. BEATRICE, W/O. S. GOPINATHAN, AGED ABOUT 76 YEARS, R/AT NO. 1068, 11TH MAIN ROAD, HAL 2ND STAGE, H.P.O., BENGALURU-560 041. ... RESPONDENT (BY SRI AJIT P B, ADVOCATE FOR C/R) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC PRAYING TO SET ASIDE THE ORDER DT.14.03.2017 PASSED ON I.A. FILED U/O 39 RULE 1 & 2 OF CPC AND I.A. FILED U/O 39 RULE 4 OF CPC IN O.S.NO.477/2016 ON THE FILE OF THE XLIV ADDITIONAL CITY CIVIL & SESSIONS JUDGE, 2 BENGALURU, (CCH-45) DISMISSING I.A. FILED U/O 39 RULE 4 OF CPC AND ALLOWING I.A. FILED U/O 39 RULE 1 & 2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant absent.
2. As per the order dated 11.10.2018, finally one week’s time was granted for compliance of office objections, otherwise the appeal shall be listed for dismissal.
3. Even today, the counsel for the appellant has not appeared and no steps have been taken for compliance of office objections. Hence, in view of the order dated 11.10.2018, appeal stands dismissed for non-compliance of office objections and non- prosecution.
BSR Sd/- JUDGE