The High Court of Karnataka dismissed an appeal regarding a partition suit for non-prosecution as the appellants failed to appear on the date of hearing.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 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. 1758 OF 2018 (PAR)
BETWEEN:
Digitally signed by ANUSHA V Location: HIGH COURT OF KARNATAKA
SL. No. 3 TO 7 ARE R/AT NO. 75/3, MAKAN ROAD BANGALORE-560 001.
BANGALORE-560 003. …APPELLANTS
(BY SHRI. ILYAS HUSSAIN, ADVOCATE [ABSENT])
AND:
SL. No. 2 TO 4 ARE R/AT NO.221, NARAYANAPILLAI STREET CIVIL STATION
BANGALORE-560 001. …RESPONDENTS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.07.2018 PASSED IN O.S.NO.4790/2007 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA, COMING ON FOR ORDERS , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:
NC: 2023:KHC:21749-DB RFA No. 1758 of 2018
JUDGMENT
This appeal is of the year 2018. Office objections have not been complied with till today. None appeared for the appellants on the last date of hearing and hence, this matter was listed in second list. Yet, none appears. Appellants do not seem to be interested in prosecuting this appeal. In the circumstance, this appeal is dismissed for non-prosecution.
No costs.
Sd/JUDGE
Sd/JUDGE
AV
List No.: 2 Sl No.: 4
ABDUL REHAMAN
ABDUL RAHEEM
M.A. LATHEEF KHAN
L. SAMEENA BANU
L. NAZIMA BEGUM
TAHIRZA BEGUM
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
