Regular First Appeal against a decree dismissing a suit for partition and separate possession was dismissed for non-prosecution as the appellant's counsel withdrew citing lack of instructions, despite appearing on record.
Appeal 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.
NC: 2023:KHC:20012 RFA No. 1287 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1287 OF 2010 (PAR/POS)
BETWEEN:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
AND:
…APPELLANTS
S/O LATE NARASIMHAIAH
NC: 2023:KHC:20012 RFA No. 1287 of 2010
S/O KAMBADA NARASIMHAIAH
S/O VENKATASWAMAPPA
S/O VENKATASWAMAPPA
NC: 2023:KHC:20012 RFA No. 1287 of 2010
S/O VENKATASWAMAPPA
S/O VENKATAPPA
NC: 2023:KHC:20012 RFA No. 1287 of 2010
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 26.03.2010 PASSED IN O.S.1150/1998 ON THE FILE OF THE I-ADDL. CITY CIVIL AND SESSIONS JUDGE, COURT OF SMALL CAUSES, BANGALORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants has filed a memo for retirement along with postal receipts and notice stating that inspite of his best efforts he is unable to seek any instructions from his clients and he has even sent notice to the appellants regarding his intention to retire from the case. But there is no instruction from his clients to continue in this case.
The memo is placed on record.
It appears that the appellants are not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
DM List No.: 1 Sl No.: 7
SRI VENKATESH
SMT. LAKSHMAMMA
SRI. SRINIVAS MAJOR
SRI. RANGASWAMY MAJOR
SMT MUNIYAMMA
SMT. JAYAMMMA
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
