The High Court of Karnataka dismissed the Recall of Findings and Appreciations Appeal due to the appellant's failure to appear, file paper books, or prosecute the matter after being granted an extension.
R.F.A.No.240/2017 is dismissed for non-filing of paper book and for non-prosecution.
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 AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.240 OF 2017
BETWEEN:
SMT A SUMITHRA W/O. L. CHANDRASHEKAR, D/O. LATE. APPAJI B., AGED ABOUT 38 YEARS, R/AT NO. 97/7, 7TH CROSS, VIDHYAPEETA ROAD, KENGERI, BANGALORE - 560 060.
...APPELLANT
(BY SRI GIRISHA C M., & M.S.REVANNA, ADVOCATES)
AND:
1 . NAGARATHNAMMA W/O. SIDDEGOWDA, AGED ABOUT 46 YEARS, R/AT NO. 97/7, 7TH CROSS, VIDHYAPEETA ROAD, KENGERI, BANGALORE - 560 060.
2 . SMT. SARVAMANGALA @ KEMPAMMA W/O. LATE. NAGARAJA, AGED ABOUT 39 YEARS,
3 . KAVYA D/O. LATE. SRI. NAGARAJA, AGED ABOUT 19 YEARS,
R.F.A.No.240/2017
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4 . SRI JAYANTH D/O. LATE. NAGARAJA, AGED ABOUT 17 YEARS, (SINCE MINOR, REPRSENTED BY HIS MOTHER/NATURAL GUARDIAN, RESPONDENT NO.2 SMT. SARVAMANGALA @ KEMPAMMA
RESPONDENT NOS. 2 TO 4 ARE R/AT NO. 30, AYYANNASHETTY LAYOUT, 3RD -B-STREET, NEAR KAVIKA FACTORY, BYATARAYANAPURA, MYSORE ROAD, BANGALORE - 560 026. ...RESPONDENTS
(BY SRI NANJUNDARADHYA B.G., ADVOCATE FOR R-2 TO 4)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 4.11.2016 PASSED IN OS NO.4845/2010 ON THE FILE OF THE 42ND ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU DECREEING THE SUIT FOR PARTITION AND DECLARATION.
This R.F.A. coming on for Orders, through Physical Hearing/Video Conferencing Hearing, this day, the Court made the following:
O R D E R
Learned counsel for the appellant neither present
physically nor through video conference. No reasons are forthcoming for his non-appearance.
R.F.A.No.240/2017
3
Inspite of granting several and sufficient opportunities, the appellant has not filed paper books.
On 26.11.2021, this court has made the following observation:
None appeared for the appellant either physically or through video conference.
Inspite of granting several and sufficient opportunities, even as a final opportunity, the appellant has not filed the paper book. As such, though the appeal could not have been dismissed for non-filing of paper book as well as for nonprosecution, however, in the best interest of justice, as an ultimate chance, ten days time is granted to the appellant, making it clear that in case if the paper book is not filed within the said period, the Court may proceed to pass appropriate order including the dismissal of the appeal for non-filing of paper book.
In case, if the paper book is not filed by the appellant within the said period, registry to list this matter on 10.12.2021.
Inspite of the above, the appellant neither filed the paper
book nor shown any reason for non-filing of paper book and not even taken steps for issuance of notice to respondent No.1, as such, appeal against respondent No.1 stands dismissed for not taking steps.
R.F.A.No.240/2017
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Appeal stands dismissed for non filing of paper book and for non-prosecution.
Sd/JUDGE
SBN
1 issue framed by the court
Whether the appeal stands dismissed for non-filing of paper books and non-prosecution despite extension granted.
2 provisions across 2 enactments
Smt A Sumithra
Nagarathnamma
Smt. Sarvamangala @ Kempamma
Kavya
Sri Jayanth
H.B. Prabhakara Swamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
