First Appeal filed under Section 96 CPC regarding probate of a will dismissed for non-prosecution as the sole appellant was deceased and counsel had retired from the case.
Appeal dismissed for non-prosecution due to death of appellant and retirement of counsel.
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. 963 of 2006
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF SEPTEMBER, 2022 BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR FIRST APPEAL NO. 963 OF 2006 (RES-)
BETWEEN:
R/AT BENAKATTI, TQ SAVADATTI 560010
…APPELLANT
(BY SRI. ANIL V KATARKI, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. SHIVARAJ S BALLOLI, ADVOCATE FOR R1 & R2)
THIS APPEAL IS FILED U/S.96 R/W ORDER XLI OF CPC AGAINST THE JUDGMENT AND DECREE DT.16.3.2006 PASSED IN O.S.NO.3/2004 ON THE FILE OF THE III ADDL. DIST. JUDGE, BELGAUM, DISMISSING THE SUIT FOR ISSUE OF PROBATE CERTIFICATE IN RESPECT OF THE WILL DT.18.6.1986.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
RFA No. 963 of 2006
ORDER
Learned counsel for the appellant is absent.
Earlier the counsel on record had filed retirement memo in the case having issued notice to the appellant and by order dated 25.11.2020 the earlier counsel was permitted to retire from the case. The notice issued by the counsel was served on the appellant. Thereafter, there was no representation on behalf of the appellant. Hence, this Court issued court notice to the appellant and report of court notice in respect of sole appellant is received from Civil Judge & CJM (Sr.Dn), Saundatti Court stating that sole appellant is no more and death extract is also enclosed.
It appears that the appellant has not shown interest in pursuing the matter and hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
SH
1 issue framed by the court
Whether the appeal can be dismissed due to death of the appellant after retirement of counsel.
Yallappa Pandappa Kadavgol
Smt Shankawwa D/o Gangappa Lavakki
Negatewwa W/o Hanamantappa Tigadi
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
