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2023 Supreme(Online)(KAR) 4605
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NC: 2023:KHC:24822
RFA No. 1311 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 1311 OF 2017 (INJ)
BETWEEN:
A V NAGARAJ
S/O VENKATARAMANAPPA
AGED ABOUT 49 YEARS,
NEKARA LOKA
KANNADA MONTHLY TABLOID
NO.18/09/1, 1ST CORSS
MISSION ROAD
BENGLAURU-560 027
…APPELLANT
(BY SRI. MADHVACHAR M., ADVOCATE)
AND:
SRI. CHANDRAKUMAR A C
S/O CHINNAPA
AGED ABOUT 43 YEARS,
RESIDING AT NO.32
MOHIDDIN SAHEB LANE
NARAYANA SHETTY PET
BENGALURU-560 002
…RESPONDENT
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.04.2017
PASSED IN O.S.NO.3753/2012 ON THE FILE OF THE XXIX
ADDITIONAL
CITY
CIVIL
AND
SESSIONS
JUDGE
(CCH-30),
DECREEING THE SUIT FOR PERMANENT INJUNCTION.
Digitally
signed by
VEENA
KUMARI B
Location:
High Court of
Karnataka
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NC: 2023:KHC:24822
RFA No. 1311 of 2017
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:
Learned counsel for the appellant neither present
physically nor through video conference. No reasons are
forthcoming for his non appearance.
2.
A perusal of the order sheet would go to show that
the appeal is of the year 2017 and till today the appellant has
not taken steps even for the first time to issue notice to the
respondent. After granting reasonable time to the appellant to
do the needful on 12.07.2023 this Court made the following
observation.
“None appear.
Two days time is granted to ensure
service
of
notice
upon
unserved
sole
respondent.
If steps are not taken in time, list this
matter on 17.07.2023.”
3.
In spite of the same, the appellant has neither
taken steps nor shown any reasons for not taking steps. Thus,
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the appellant himself has shown that he is not interested in
prosecuting the matter.
Accordingly,
appeal
stands
dismissed
for
non-
prosecution, as well as for not taking steps.
Sd/-
JUDGE
BVK
List No.: 1 Sl No.: 9
