The High Court of Karnataka dismissed Regular First Appeal No. 1053 of 2005 for non-prosecution as neither party appeared despite prior warning, without hearing the merits of the partition suit.
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. 1053 of 2005
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 12TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR FIRST APPEAL NO. 1053 OF 2005 (PAR)
BETWEEN:
RFA No. 1053 of 2005
…APPELLANTS
(BY SRI. M V HIREMATH AND SRI. V S KALASURMATH, ADVOCATES)
AND:
…RESPONDENTS
(BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE FOR R1)
THIS RFA IS FILED U/O 41 R 1 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DT. 13.6.2005 PASSED IN OS NO.78/1998 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) & PRL. JMFC, RANEBENNUR, PARTLY DECREEING THE SUIT FILED BY THE APPELLANTS HEREIN ENTITLING APPELLANT NOS.3 TO 5 AND RESPONDENT NOS.1 & 2 HEREIN FOR 1/5TH SHARE IN THE SUIT SCHEDULE PROPERTIES AND DIRECTING THE APPELLANTS HEREIN TO APPOINT THE COURT COMMISSIONER U/S 54 CPC FOR EFFECT THE PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
RFA No. 1053 of 2005
JUDGMENT
Though this matter called twice both in the morning session as well as in the afternoon session, there was no representation on behalf of both the parties.
Sd/JUDGE
cp*
Smt SUSHEELAVVA W/O CHANNABASAPPA
Smt PATREMMA W/O MANJUNATH KANTAMULI SHETTARA
KUMARI VIRUPAMA D/O KOTRAPPA HAMSAGAR
KUMARI SHIVAPARVATI D/O KOTRAPPA HAMSAGAR
KUMARI KOTRAMMA D/O KOTRAPPA HAMSAGAR
Sri SHIVANANDA S/O KOTRAPPA HAMSAGAR
H. P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
