The High Court of Karnataka dismissed a second appeal filed against a final decree in partition proceedings. The court held that the appellants, having objected to the Commissioner's report without participating or cross-examining him, could not challenge its acceptance on merit.
The second appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 20TH DAY OF MARCH, 2017
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
R.S.A. NO.101026/2016 (FDP)
BETWEEN:
... APPELLANTS
(BY SRI SUBHASH B SANKAD, ADVOCATE)
AND :
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R/O: SHIRAGAONWADI, TQ: CHIKKODI, DIST: BELAGAVI.
... RESPONDENTS
(BY SRI RAJENDRA R.PATIL, ADVOCATE FOR C/R1)
THIS RSA IS FILED U/SEC.100 OF CPC, 1908, AGAINST THE JUDGEMENT & DECREE DTD:22.10.2016 PASSED IN R.A.NO.172/2015 ON THE FILE OF THE VII-ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKODI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.07.2015, PASSED IN FDP. NO.6/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHIKODI, ALLOWING THE PTITION FILED UNDER SEC.20 RULE 18 R/W SEC.54 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THIS COURT, DELIVERED THE FOLLOWING:
JUDGMENT
This second appeal is filed by appellants No.1 and 2 in R. A. No.172/2015 on the file of VII Additional District & Sessions Judge, Belagavi. What is challenged in this second appeal is the judgment dated 22.10.2016 passed by the First Appellate Court dismissing the appeal and confirming the
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final decree passed by the trial Court on 02.07.2015 in F.D.P. No.6/2014.
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F.D.P. No.6/2014. Therefore, this second appeal has been filed.
Sd/JUDGE
hnm
2 issues framed by the court
Whether an appeal is maintainable when the appellants objected to the Commissioner's report but failed to participate or cross-examine the Commissioner in subsequent final decree proceedings.
Whether the First Appellate Court correctly dismissed the appeal and confirmed the trial court's decree accepting the Commissioner's report.
1 provisions across 1 enactments
PRAKASH S/O BALU MAGADUM
RAOSAHAEB S/O BALU MAGADUM
SUSHILA W/O BALU GUNAKE
RANGUBAI W/O DHANAPAL LANGOTE
NEMANNA BABAJI MAGADUM
BHUPAL S/O BANDU SHAM
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
