The Karnataka High Court dismissed a revision petition filed under Section 115 of the CPC for non-prosecution, noting the petitioner's absence on dates when the matter was called for admission.
Revision petition No. 58/2017 dismissed for non-prosecution due to the petitioner's failure to appear despite notices.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL 2021
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
C.R.P.No. 58/2017 (IO)
BETWEEN:
SRI. GURUSHANTHAPPA, S/O LATE C RANGAPPA, AGED ABOUT 56 YEARS, OCC:AGRICULTURIEST, R/AT PANDOMATTI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT.
… PETITIONER
(BY SRI.G.M.CHANDRASHEKHAR, ADV.)
AND:
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AGED ABOUT 65 YEARS, R/AT MATHIGATTA VILLAGE, HOLALKERE TALUK, CHITHRADURGA DISTRICT – 577 213.
SHIVAMOGGA DISTRICT – 577 213.
… RESPONDENTS
(BY SRI. K. RAMA BHAT, ADV., FOR R-1; R-2 IS SERVED AND UNREPRESENETED; VIDE ORDER DATED:26.03.2021, NOTICE TO R-5 IS DISPENSED WITH.)
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THIS PETITION IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED:01.12.2016 PASSED ON I.A.No.19 IN O.S.No.02/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNAGIRI, DISMISSING THE I.A.No.19 FILED UNDER SECTION 151 OF CPC., TO RECALL THE ORDER DATED:08.06.2016 AND PROCEED WITH THE CASE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
It is noticed that there was no representation on behalf of the petitioner on 18.12.2019 and also on 26.03.2021 and 06.04.2021 when the matter was called.
petition is dismissed for non-prosecution.
Sd/JUDGE
KTY
1 issue framed by the court
Whether the revision petition filed under Section 115 of CPC should be maintained when there was no appearance by the petitioner despite being called on multiple occasions.
Sri. Gurushanthappa, S/o Late C Rangappa
C.R. Nagaraja
Smt. Gangamma, W/o Chandrappa
Smt. Lalithamma, W/o Shanthappa Gowda
Rudrappa, S/o Late C. Rangappa
Smt. Rudramma, W/o Benakappa Gowdru
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
