The High Court of Karnataka dismissed the regular first appeal filed under Section 96 of the CPC for non-prosecution as the appellants failed to appear or provide representation on multiple hearing dates.
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. 139 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 139 OF 2012 (PAR)
BETWEEN:
Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA
RFA No. 139 of 2012
PUNE-411 038. PRESENTLY AT NO.4 7TH CROSS, THIMMAAIAH GARDEN R.T.NAGAR BANGALORE-32. …APPELLANTS
(BY SRI.N.THEJESH, ADVOCATE [ABSENT])
AND:
MR. RANJAN CHAKRABORTY AGED ABOUT 58 YEARS S/O LATE HARENDRA KUMAR CHAKRABORTY R/A NO.159, 3RD MAIN AMCO LAYOUT SAHAKARANAGAR POST BANGALORE-560 092. …RESPONDENT
(BY SRI.Y.R.SADHASHIVA REDDY, ADVOCATE [ABSENT])
THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.09.2011 PASSED IN O.S.11077/2006 ON THE FILE OF THE XXII-ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC.,
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, P.S.DINESH KUMAR J ., DELIVERED THE FOLLOWING:
JUDGMENT
The order sheet shows that there is no representation on behalf of the appellants on 12.08.2021, 17.01.2023, 10.02.2023, 17.03.2023 and 23.05.2023.
Today also, there is no representation even in second call.
RFA No. 139 of 2012
prosecution.
No costs.
Sd/JUDGE
Sd/JUDGE
KNM List No.: 3 Sl No.: 30
MRS.RINA BANERJEE
DR(MRS).RITA DAS
MRS. SHEFALI SENGUPTA
MR. PRADEEP CHAKRABORTY
MR. RANJAN CHAKRABORTY
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
