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2025 DAILYLAW 77444 (KAR)

SRI B H KRISHNA v. SRI RAJENDRA PRASAD

RFA/532/2021 · 2025-07-09

S Rachaiah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25688 RFA No. 532 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 532 OF 2021 (INJ) BETWEEN: 1. SRI. B H KRISHNA S/O LATE HALE GOWDA AGED ABOUT 68 YEARS R/AT SITE NO.6, 1ST CROSS VINOBA COLONY, AVALAHALLI BENGALURU 560 026. …APPELLANT (BY SRI. K S NARAYANA SWAMY.,ADVOCATE) AND: 1. SRI. RAJENDRA PRASAD S/O LATE BASAVANNACHARI AGED ABOUT 48 YEARS R/AT NO.90, 2ND MAIN ROAD, 3RD BLOCK, 3RD STAGE BASAVESHWARANAGAR BENGALURU 560 079. …RESPONDENT (BY SRI. PARAMESHWAR N HEGDE.,ADVOCATE) THIS RFA FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 05.03.2021 PASSED IN OS.No.2975/2016 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25688 RFA No. 532 of 2021 BENGALURU CITY, DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. Case called out. 2. Today the matter is listed for Further Hearing. 3. The learned counsel for the appellant submitted that as the appellant had filed an affidavit expressing dis-pleasure about the Court and requested Hon’ble the Acting Chief Justice to post the matter before the another bench. The matter needs to be adjourned. 4. However, the learned counsel for the respondent vehemently objected the adjournment of the case. 5. The learned counsel for the appellant sought for adjournment on the ground that the appellant filed affidavit before Hon’ble the Acting Chief Justice to transfer the case. - 3 - HC-KAR NC: 2025:KHC:25688 RFA No. 532 of 2021 6. However, he has not produced any documents in that regard. It appears that the appellant is purposefully seeking adjournments. It is needless to say that, this Court has been allotted RFA roster for two years i.e., 2020 and 2021. In order to dispose of the matter, this Court requested the learned counsels for the respective parties to proceed with the matter. However, the learned counsel showed threatening attitude towards the Court and he was not willing to proceed with the case. Therefore, the prayer for adjournment is rejected. 7. The Regular First Appeal stands dismissed for non-prosecution. Ordered accordingly. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 28