The High Court of Karnataka dismissed an RSA filed under Section 100 of CPC due to the appellants' failure to appear and lack of representation, marking the fifth compliance posting.
The Appeal was dismissed for default in the absence of the appellants.
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.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 15TH DAY OF NOVEMBER 2018
BEFORE
THE HON’BLE MR.JUSTICE B.A.PATIL
R.S.A. NO.100083/2016
BETWEEN
... APPELLANTS
(A1 AND A2 HELD SUFFICIENT)
AND
: 2 :
AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: KARADIGUDDA, TQ : DIST: DHARWAD 580001
: 3 :
DIST: DHARWAD
... RESPONDENTS
(BY SRI. DEEPAK MAGANUR, ADV. FOR C/R3)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.10.2015 PASSED IN R.A. NO.276/2010 ON THE FILE OF THE V ADDL. DIST. JUDGE DHARWAD SITTING AT HUBBALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.09.2010 AND THE DECREE PASSED IN O.S. NO.214/2003 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AT HUBBALLI, DECREEING THE SUIT FILED FOR DECLARATION AND PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
: 4 :
JUDGMENT
Learned counsel appearing for the appellants filed a memo for retirement. On 07.09.2017 this Court issued the Court notice to the appellants through Principal District and Sessions Judge, Belagavi and by order dated 04.01.2018, the service of notice to appellant Nos.1 and 2 was held sufficient.
There is no representation for the appellants. Though several adjournments have been given, today also the appellants have not appeared before this Court and already this case has been posted for compliance of office objections for 5th time. In the absence of the parties, this Court cannot proceed. Hence, the appeal is dismissed for default.
Sd/JUDGE
Rsh
Basamma W/o Fakkeerappa Padagguggari
Guravva W/o Veerabasappa Sutagatti
BAGAVVA W/o Ulavappa Mayakar
BALAVVA W/o Irappa Maradagi
Fakirappa S/o Ullavappa Mayakar
The Secretary Hubballi Taluka Agricultural Produce Marketing Corporation
B.A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
