This regular first appeal filed under Section 96 CPC challenging a decree dismissing a suit for partition was dismissed for non-prosecution as the appellant failed to appear despite prior warning.
The appeal was dismissed 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.
RFA No. 653 of 2007
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR FIRST APPEAL NO. 653 OF 2007 (PAR-)
BETWEEN:
(BY SRI. G K MATHAD,
SMT.SEEMA SHIVA NAIK, ADVOCATES (ABSENT)
AND:
Digitally signed by SHIVAKUMAR SHIVAKUMAR HIREMATH HIREMATH Location: Dharwad Date: 2022.08.20 11:04:47 +0530
RFA No. 653 of 2007
…RESPONDENTS
(BY SRI. PRASHANT KADADEVAR, ADV. FOR R1(E), SHRI S.P.PATIL, ADV. FOR R1 (A TO E), R2 (A), R2 (B), R2 (C) ARE SERVED)
THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DT. 23.12.2006 PASSED IN OS.NO.131/1998 ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN.) JAMKHANDI, DISMISSING THE SUIT FOR DECLARATION, PARTITION AND SEPARATE POSSESSION.
RFA No. 653 of 2007
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY. THE COURT DELIVERED THE FOLLOWING.
JUDGMENT
Learned counsel for respondent No.1 (E) is present.
Learned counsel for the appellant is absent.
On the last occasion also, there was no representation for the appellant. Hence, it was made clear that if the learned counsel for the appellant does not appear on the next date of hearing, the appeal would be dismissed for non-prosecution.
In spite of the said order, there is no representation for the appellant. It seems that the appellant is not interested in prosecuting the matter.
Hence, the appeal is dismissed for non-prosecution.
(SD/-) JUDGE
JM
1 issue framed by the court
Whether the appeal under Section 96 CPC should be allowed or dismissed for non-prosecution
1 provisions across 1 enactments
Chandrakanth Basawanneppa Jambagi
Allappa Hosur
Pawatewwa Patil
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
