IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF OCTOBER 2018 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA MISCELLANEOUS FIRST APPEAL No.4502/2016(CPC) BETWEEN:
1. SMT THERESAMMA WIFE OF LATE SRI IGNASIYAPPA AGED ABOUT 87 YEARS 2. SRI I F DOMINIC SON OF LATE SRI IGNASIYAPA AGED ABOUT 68 YEARS APPELLANTS NOS.1 & 2 ARE RESIDING AT NO.1310, 14TH CROSS 2ND STAGE, INDIRANAGAR BENGALURU – 560 038 REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER SRI J L NATHAN SON OF SRI C D JOSEPH AGED ABOUT 73 YEARS RESIDING AT:
NO.24/1, RAJAPPA BLOCK J.C.NAGAR BENGALURU – 560 006. ..APPELLANTS (BY SRI JANARDHANA G, ADV. ABSENT) AND:
SRI IKRAM ALI KHAN SON OF SRI ASHRAJ ALI KHAN AGED ABOUT LINGAPPA AGEDABOUT 49 YEARS RESIDING AT:
NO.5/1, 7TH CROSS KEMPAIAH BLOCK MUBARAK MOHALLA J.C.NAGAR,BENGALURU – 560 006.
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER:
SMT AYESHA SULTANA WIFE OF IKRAM ALI KHAN AGED ABOUT 40 YEARS RESIDING AT:
NO.5/1, 7TH CROSS, KEMPAIAH BLOCK MUBARAK MOHALLA J.C.NAGAR BENGALURU – 560 006. .. RESPONDENT THIS APPEAL IS FILED UNDER ORDER XLIII RULE 1 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED 30.05.2016 AND 10.06.2016 PASSED BYTHE XI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN DISMISSING THE MISCELLANEOUS PETITION NO.379/2015 AND ALSO THE I.A. FOR RESTORATION ON THE SAME AND CONSEQUENTLY, ALLOW THE SAID PETITION ON ITS FILE TO DECIDE IT ON MERITS, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appeal being passed over in the Morning Session, when called in the Afternoon Session twice, neither the appellant nor his counsel was present before the court to represent the case. Therefore, the appeal is dismissed for non-compliance of office objections.
Sd/-
JUDGE Brn