The High Court of Karnataka dismissed a Regular First Appeal regarding suit for declaration and possession filed under Section 96 of the CPC. The appeal was dismissed for non-prosecution as the counsel for the appellants failed to argue the matter despite previous adjournments.
The appeal is 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:43193 RFA No. 1320 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL No.1320 OF 2007(DEC)
BETWEEN:
SINCE DECEASED AND REPRESENTED BY LEGAL REPRESENTATIVE:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
AGED ABOUT 27 YEARS DAUGHTER OF LATE BASAVARAJ.S.B., RESIDING AT No.670/3 KADAPPANA KANA
BALEHOLADA SIDDALINGAPPA ROAD DAVANAGERE – 577 001.
ALL ARE RESIDENTS OF KADAPPANAVARA VATARA CITY HONDA ROAD DAVANAGERE.
1(d) MALLIKARJUNA SON OF SHIVARUDREGOWDA AGED ABOUT 28 YEARS
SINCE DECEASED AND REPRESENTED BY LEGAL REPRESENTATIVE: SMT.M.SHILPA
AGED 32 YEARS WIFE OF LATE SRI MALLIKARJUNA RESIDING AT No.670/3B KADAPPANAVARA VATARA CITY HONDA ROAD DAVANAGERE – 577 001.
(CAUSE TITLE AMENDED VIDE ORDER DT.26.10.2016 ON I.A.Nos.1, 2, 3 AND 4/2016)
1(e) GAYITHRI
DAUGHTER OF SHIVARUDREGOWDA AGED ABOUT 25 YEARS RESIDENT OF KADAPPANAVARA VATARA CITY HONDA ROAD DAVANAGERE.
…APPELLANTS
(BY SRI SUMANTHA.S FOR SRI P.B.APPAIAH, ADVOCATES)
AND:
GONISOMANAHALLI POST, HOLBEEDU HOBLI BELUR TALUK.
SINCE DECEASED AND REPRESENTED BY LEGAL REPRESENTATIVES:
(b) HARISHA SON OF LATE MALLAPPA AGED ABOUT 22 YEARS
ALL ARE RESIDENTS OF BANDARIKATTE VILLAGE SIDDAPURA DAKLE GONISOMANAHALLI POST HALEBEEDU HOBLI BELUR TALUK
(CAUSE TITLE AMENDED VIDE ORDER DT.29.03.2016 ON I.A.Nos.1,2,3 AND 4/2014)
S/O LATE BANDARIKATTE CHANNEGWODA AGED ABOUT 84 YEARS, R/O UNDIGANALU VILLAGE, JAVAGAL HOBLI ARASIKERE TALUK.
…RESPONDENTS
[R1 (a to c), R2 ARE SERVED]
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 26.02.2007
NC: 2023:KHC:43193 RFA No. 1320 of 2007
PASSED IN O.S.No.183/2001 ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN.), HASSAN, DISMISSING THE SUIT FOR DECLARATION AND POSSESSION.
THIS REGULAR FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri Sumantha.S, learned counsel for Sri P.B.Appaiah, learned counsel for appellants, present. He has been asked to argue the matter. He fails to argue and insists for adjournment.
This Court, suo motu , has given three adjournments, even when there was no representation. Therefore, request for adjournment is rejected.
Appeal is dismissed for non prosecution.
Sd/JUDGE
kcm
List No.: 1 Sl No.: 36
1 issue framed by the court
Whether the appeal can be allowed despite the counsel's failure to appear and argue the matter.
1 provisions across 1 enactments
Shivarudregowda @ Shanna (deceased, represented by appellants 2 to 6)
Bashavaraju (deceased, represented by Rajeswari B)
Jagadeesh
Mahesha
Mallikarjuna (deceased, represented by Smt. M. Shilpa)
Mallappa (deceased, represented by Vishalakshammma, Harisha, Divakara)
V Srishananda
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
