A regular first appeal filed under Order 41 Rule 1 CPC regarding a partition suit was dismissed for nonprosecution due to inactivity and lack of appearance by 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.
RFA.NO.973/2015
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2020
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
REGULAR FIRST APPEAL No.973/2015
BETWEEN:
SINCE DIED ON 20.03.2009 AND NO LEGAL HEIRS DEATH CERTIFICATE PRODUCED
ALL ARE RESIDING AT SHAROFF NAGAPPANA PALYA NOHHENAHALLI VILLAGE NEAR SIRA GATE KASABA HOBLI TUMKUR, TUMKUR TALUK TUMKUR DISTRICT-572 101 ... APPELLANTS
(BY SRI. RAMESH ANANTHAN SIDDAGANGAIAH, ADV.)
RFA.NO.973/2015
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AND:
RFA.NO.973/2015
3
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 24.04.2015 PASSED IN O.S.NO.54/2005 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, TUMKUR, PARTLY DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION AND MESNE PROFIT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellants.
The matter is of the year 2015. The original proceeding is of the year 2005. Not even notice was ordered in the case since five years. The records show that previously on the request of the appellants’ counsel, the matter was adjourned. It appears that the appellants are not interested in prosecuting the matter. Therefore, the appeal is dismissed for nonprosecution.
Sd/JUDGE
KG
SMT LAKSHMAMMA W/O LATE VENKATESHAPPA
SRINIVAS
YADHU KUMAR
DINESH BABU
SMT RATHNA
N.T.HANUMANTHAIAH
K.S.MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
