Dhanalakshmi vs Smt Shakuntala on 26 November, 2021

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Karnataka High Court

Dhanalakshmi vs Smt Shakuntala on 26 November, 2021

Bench: H.B.Prabhakara Sastry

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 26TH DAY OF NOVEMBER, 2021

                      BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

       REGULAR FIRST APPEAL No. 1551 OF 2018

BETWEEN:

DHANALAKSHMI,
W/O SUBRAMANI.A.
AGED ABOUT 53 YEARS,
R/AT NO.15, 5TH CROSS ROAD,
N.P. BLOCK,
SWATHANTRAPALYA,
SRIRAMAPURAM,
BANGALORE-21.
                                   ... APPELLANT

(BY SRI GIRISHA.N.R., ADVOCATE)

AND:

SMT. SHAKUNTALA,
W/O MUTTUSWAMY,
AGED ABOUT 65 YEARS,
2ND MAIN ROAD,
NILAGIRI PAPANNA BLOCK,
SWATHANTRAPALYA,
BANGALORE-21.
                                   ...RESPONDENT

       THIS   REGULAR FIRST APPEAL IS FILED UNDER
ORDER XLI RULE 1 READ WITH SECTION 96 OF CPC
                                             RFA No. 1551/2018
                               2


PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 07.08.2018 IN O.S.NO.4830/2016 ON THE FILE OF
XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE CITY (CCH-38), PARTLY DECREEING THE
SUIT FOR SPECIFIC PERFORMANCE AND ETC.,


      THIS           REGULAR       FIRST   APPEAL    COMING
ON FOR ORDERS THROUGH VIDEO CONFERENCING /
PHYSICAL HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:


                            ORDER

None appear for the appellant in the matter either physically or through video conference. No reasons are forthcoming for the non-appearance of the learned counsel for the appellant.

2. A perusal of the case file would go to show that this appeal is of the year 2018. Till date, the appellant has not complied the office objections. Several and sufficient opportunities of not less than four times has been granted to the appellant, still he has not complied the office objections.

RFA No. 1551/2018

3. On 05.04.2021, this Court as a last chance has granted a week's time to comply the office objections, however, on payment of cost of `750/- to 'Karnataka Advocates Clerk's Benevolent Trust' and to file an acknowledgement to that effect in the registry. Despite the same, the appellant has neither paid the cost nor filed an acknowledgement in the registry and not even shown any reason for non-compliance of office objections as well as for non-payment of cost and not even appeared before the Court either physically or through video conference. As such, it can be inferred that the appellant is neither interested in prosecuting the matter nor willing to comply the office objections.

4. In view of the above, the Appeal stands dismissed for non-compliance of office objections, as well for non-prosecution.

However, the beneficiary of the cost i.e., the Karnataka Advocates Clerks' Benevolent Trust, High Court RFA No. 1551/2018 4 Buildings, Bengaluru is at liberty to enforce the said order as a civil decree for its execution in the manner known to law before the competent Court.

Registry to transmit a copy of this order to the Karnataka Advocates Clerks' Benevolent Trust, High Court Buildings, Bengaluru, forthwith.

Sd/-

JUDGE mbb

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