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Sri T M Mahadevu Vs Sri Mallesha — Partition | Karnataka HC (2021)

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Karnataka HC
2021
Sri T M Mahadevu Vs Sri MalleshaSri T M Mahadevu v. Sri Mallesha

Disposed

Sri T M Mahadevu v. Sri Mallesha

Karnataka HC1 Oct 2021RSA/652/2019

Case brief

AI extract

What is this about?

Court granted three weeks to comply with office objections and directed dismissal for non-prosecution if not complied with.

What the court decided

AI extract

A

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01^ST DAY OF OCTOBER, 2021

BEFORE

THE HON' BLE MR. JUSTICE E.S.INDIRESH

REGULAR SECOND APPEAL NO.652 OF 2019

BETWEEN

SRI T M MAHADEVU

S/O MADEGOWDA AGED ABOUT 68 YEARS,

R/AT TURAGANUR VILLAGE, BANNUR HOBLI

T NARASIPURA TALUK

…APPELLANT/S

(Sri/Smt :D S JAYARAJ AND SANDESH C R FOR M/S JAYARAJ ASSOCIATES, ADVOCATES)

AND

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the appeal can be dismissed for non-prosecution

Statutes considered

1 provisions across 1 enactments

AI extract

CPC100

Parties & counsel

AI extract

appellant
SRI T M MAHADEVU
respondent
SRI MALLESHA
respondent
SMT RAJAMMA
respondent
SMT PARVATHAMMA
respondent
SMT SHIVAMMA
respondent

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 1 Oct 2021 · October
Registered: 29 Mar 2019
Case no.: RSA/652/2019

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Cite this judgement

Sri T M Mahadevu v. Sri Mallesha, RSA/652/2019 (KA), decided on 1 October 2021.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

CPC100

View all statutes

Bench / Coram

E.S.INDIRESH

Parties & counsel

Outcome

Disposed

Issue for consideration

Whether the appeal can be dismissed for non-prosecution

Detailed headnote1 paragraphs

Time granted for compliance; dismissal ordered for non-prosecution upon failure to meet the deadline.

A compact analysis

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.

SRI MALLESHA

S/O CHOWDAPPA @ KUNTAPPA AGED ABOUT 51 YEARS,

CHOWDAPPA @ KUNTAPPA SINCE DEAD BY LRS

a) SMT RAJAMMA

W/O LATE DOLLAPPASWAMY AGED ABOUT 51 YEARS, R/AT YALACHAHALLI VILLAGE, MYSURU DISTRICT

…2

2

RSA NO. 652/2019

b) SMT PARVATHAMMA

W/O MAHADEVASWAMY AGED ABOUT 43 YEARS, R/AT MADAVAGERE VILLAGE, YEDAKOLA POST, MYSURU TALUK

c) SMT SHIVAMMA W/O LATE CHOWDAPPA AGED ABOUT 63 YEARS,

d) SMT PUTTATHAYAMMA D/O LATE CHOWDAPPA AGED ABOUT 42 YEARS,

RESPONDENTS NO. 2 TO 4 ARE R/AT ALANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK

SMT M R SOWMYA

W/O B L GIRIJASHANKAR AGED ABOUT 46 YEARS, NO.182, FIRST A CROSS, 4^TH BLOCK 2^ND PHASE 3^RD STAGE, BANASHANKARI BENGALURU

…3

3

RSA NO. 652/2019

SMT B L GAYATHRI

W/O G N LAKSHMIKANTH AGED ABOUT 62 YEARS, NO.182 FIRST A CROSS, 4^TH BLOCK, 2^ND PHASE

3^RD STAGE, BANASHANKARI BENGALURU

….RESPONDENTS

REGULAR SECOND APPEAL FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.12.2018

PASSED IN RA NO.112/2015 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE, MYSURU DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.02.2015 ON THE FILE OF THE JUDGMENT AND DECREE DATED 07.02.2015 PASSED IN OS NO.1029/2005 ON THE FILE OF THE III ADDL.SENIOR CIVIL JUDGE AND CJM., MYSURU.

This Regular Second Appeal coming on for Orders, this day the Court made the following Order:-

ORDER

Three weeks time is granted to comply with the office objections, failing which, the appeal shall stand dismissed for non-prosecution without reference to the Bench.

Sd/- JUDGE

…4

RSA NO. 652/2019

4

NOTE : Vide Court Order dated 01.10.2021, office objections

are not complied with, hence appeal shall stand dismissed for

non-prosecution.

COPY

Sd/I/C ASSISTANT REGISTRAR

T By: PH R By: HKV C By: DS Ty Date: 20.08.2022 C Date: 20.08.2022

SMT PUTTATHAYAMMA

Coram

AI extract

E.S.INDIRESH

CNR

KAHC010095872019

Topic

Bench

Disposal

Dismissed for Non-Prosecution

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