ASHOK P. SHAH v. K.R. NAGENDRA
Case at a glance
- Bench
- H P SANDESH
- Neutral citation
- 2024:KHC:3264
Outcome
Dismissed
Accordingly, the appeal is dismissed for non-prosecution
Provisions considered
- Code of Civil Procedure, 1908 rr. 1, 1(r), 2
Key paragraphs
- Para 66. THE REGISTRAR CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, VASANTHANAGAR BENGALURU-560001 …RESPONDENTS (BY SRI. SADASIVA REDDY, ADVOCATE FOR C/R1) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.06.12.2016 PASSED ON IA NO.4 IN O.S.NO.7528/2016 ON THE FILE OF THE PRINCIPAL CITY…
Judgment
MISCELLANEOUS FIRST APPEAL NO. 236 OF 2017 (CPC) BETWEEN:
1. ASHOK P. SHAH S/O PRAVEEN SHAH, AGED ABOUT 68 YEARS, R/AT NO.1346, POORNA PRAJNA NAGARA, UTTARAHALLI, BENGALURU-560061.
2. SUMATHI B. REDDY W/O DR. BYRA REDDY, AGED ABOUT 58 YEARS, R/AT NO.1271, 8TH B CROSS, 1ST E MAIN ROAD, SAI BABA TEMPLE ROAD, GIRINAGAR 2ND STAGE, BENGALURU-560085 (BY SRI. S.N. BHAT, ADVOCATE [ABSENT]) …APPELLANTS AND:
K.R. NAGENDRA FATHER NAMEN NOT KNOWN TO THE APPELLANT MAJOR, NO.2718, 6TH MAIN KUMARASWAMY LAYOUT, 2ND STAGE, BENGALURU-560078.
THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:3264 MFA No. 236 of 2017 HUDSON CIRCLE BENGALURU-560001.
THE CHAIRMAN BENGALURU DEVELOPMENT AUTHORITY BENGALURU.
THE PRESIDENT POORNA PRAJNA HOUSE BUILDING SOCIETY, SWARNA BHAVANA 2ND FLOOR, UTTRAHALLI, BENGALURU-560061.
THE PRESIDENT POORNA PRAJNA RESIDENTIAL WELFARE ASSOCIATION 1ST FLOOR, POORNA PRAJNA NAGAR BENGALURU-560061.
Operative part
THE REGISTRAR CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, VASANTHANAGAR BENGALURU-560001 …RESPONDENTS (BY SRI. SADASIVA REDDY, ADVOCATE FOR C/R1) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.06.12.2016 PASSED ON IA NO.4 IN O.S.NO.7528/2016 ON THE FILE OF THE PRINCIPAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, REJECTING IA NO.4 FILED U/O.39 RULE 1 & 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT Learned counsel for the appellants is absent. This Court on the previous date of occasion on 11.01.2024 noted that both - 3 - NC: 2024:KHC:3264 MFA No. 236 of 2017 the learned counsel for the appellants and learned counsel for the respondents are absent in the morning and also in the afternoon. However, in the ends of justice, granted an opportunity and also made it clear that if the learned counsel for the appellants does not appear on the next date of hearing, the appeal will be dismissed for non-prosecution. Inspite of the same, today also there is no representation on behalf of the appellants. Accordingly, the appeal is dismissed for non-prosecution. Sd/- JUDGE ST List No.: 1 Sl No.: 15
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the appeal is dismissed for non-prosecution
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — rr. 1, 1(r), 2.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.