The Karnataka High Court dismissed an RFA on appeal against judgment from a civil judge. Counsel for the appellant was granted time to file a paper book but failed to do so, leading to dismissal for non-prosecution.
Prayer to file paper book rejected; appeal dismissed due to 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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
R.F.A. NO.1047 OF 2007
BETWEEN :
SRI K A SOMANNA S/O LATE AIYANNA AGED 30 YEARS, R/O MURNAD ROAD, VIRAJPET, SOUTH KODAGU - 561 218
… APPELLANT
(BY SRI. N.RAVINDRANATH KAMATH, ADVOCATE)
AND :
1 . SMT A S SULOCHANA W/O SHAMA RAO AGED ABOUT 72 YEARS, R/AT CHICKPET, VIRAJPET, SOUTH KODAGU-561 218
2
VIRAJPET - 561 218
(APPEAL AGAINST RESPONDENT Nos.2(a), 3 and 4 IS ABATED VIDE ORDER DATED 15.03.2017)
... RESPONDENTS
(BY SRI. G.R.VENKATESH MURTHY, ADV. FOR POOVAYYA & CO.)
THIS RFA IS FILED UNDER SECTION 96(1) R/W ORDER XLI RULE I OF THE CODE OF CIVIL PROCEDURE 1908 PRAYING TO i) ALLOW THIS APPEAL AND THEY SET ASIDE THE JUDGMENT AND DECREE DATED 04.12.2006 IN O.S.NO.69/1999 ON THE FILE OF THE CIVIL JUDGE (Sr. Dn.) VIRAJPET AND THERE BY DISMISS THE SUIT; ii) GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
3
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant prays time to file
paper book.
Paper book is not filed even after granting sufficient
time. Hence, the prayer is rejected.
Accordingly, appeal is dismissed for non prosecution.
Sd/- JUDGE
Mds
1 issue framed by the court
Whether the appeal can be allowed in the absence of a filed paper book despite time granted.
2 provisions across 1 enactments
SRI K A SOMANNA S/O LATE AIYANNA
SMT A S SULOCHANA W/O SHAMA RAO
KUTTANDA C.KARIAPPA SINCE DECEASED BY LR'S
MRS.KUTTANDA KARIAPPA
KUTTANDA SUBBAYYA S/O LATE CHENGAPPA MAJOR
KUTTANDA C MANDANNA S/O LATE CHENGAPPA MAJOR
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
