In an appeal filed under Section 96 of the CPC, the appellant failed to appear on multiple dates of hearing including the last listing. The court noted a lack of interest by the appellant and dismissed the appeal for non-prosecution.
Appeal dismissed for non-prosecution; incidental applications also dismissed.
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.
NC: 2023:KHC:20563 RFA No. 1017 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1017 OF 2012 (PAR)
BETWEEN:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
…APPELLANTS
(BY SRI. NAVEEN CHANDRA N.,ADVOCATE AND SRI. R.S. MANJUNATHA, ADVOCATE [ABSENT])
AND:
…RESPONDENTS
(BY SRI.RAMACHANDRA G BHAR., ADVOCATE FOR R2: APPEAL AGAINST R1 IS DISMISSED)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE (1) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.10.2011 PASSED IN O.S.NO.16114/2004 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
On 23.02.2015, 12.06.2015, 23.06.2021 and
28.07.2022, when the matter was called out, none
appeared for the appellants. Again on 09.06.2023, when the matter was called out, none appeared for the appellants. As a last chance, the matter was listed on 14.06.2023. Even on 14.06.2023, none appeared for the
appellants and hence the matter was ordered to be listed on 15.06.2023 on top of the list under the caption ‘for dismissal’.
Even today when the matter was called out, none appeared for the appellants. It appears that the appellants are not interested in prosecuting the case. Hence, the
appeal is dismissed for non-prosecution.
In view of dismissal of appeal, all pending I.As, if any, do not survive for consideration and are accordingly dismissed.
Sd/JUDGE
HA
List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the appeal can be decided in the absence of the appellants after repeated non-appearance for dismissal.
1 provisions across 1 enactments
SRI SHASHI KUMAR S/O LATE DHANPAL
SMT GOWRI W/O LATE DHANPAL
SMT KAMALA D/O LATE DHANPAL
SMT LAKSHMI D/O LATE DHANPAL
SMT PONMANI D/O LATE DHANPAL
SMT. MUNNIAMMA W/O LATE DHANPAL
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
