Regular First Appeal against a decree dismissing a suit for partition. The Court dismissed the appeal for non-prosecution as paper books were not filed despite time granted.
The appeal was dismissed for non-prosecution due to non-filing of paper books.
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 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1850 OF 2012 (PAR)
BETWEEN:
AGED ABOUT 48 YEARS.
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
2(B). NARAYANASWAMY, S/O MUNIYAPPA, AGED ABOUT 34 YEARS.
APPELLANT NOS.2(A) TO 2(C) ARE R/AT BACHAHALLI VILLAGE, KASABA HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT.
APPELLANTS 1,3 AND 4 ARE RESIDING AT JANGAMAKOTE VILLAGE, NEAR EASHWARA TEMPLE, SIDLAGHATTA TALUK, CHICKABALLAPUR DISTRICT - 562 105.
…APPELLANTS
(BY SRI.G.BALAKRISHNA SHASTRY, ADVOCATE)
AND:
VIDE ORDER DATED 23.01.2023, A-1 IS TREATED AS LR OF DECEASED R-1.
VIDE ORDER DATED 23.01.2023, R-1, R-6 TO R-9 ARE TREATED AS LRS OF DECEASED R-2. 3. NARAYANASWAMY, S/O LATE MUNIVENKATAPPA, AGED ABOAUT 48 YEARS.
RESPONDENTS 1 TO 3 ARE R/AT
JANGAMAKOTE VILLAGE, NEAR SHARI TEMPLE, SIDLAGHATTA TALUK - 562 105.
7(C). MUNENDRA, S/O KRISHNAPPA,
AGED ABOUT 10 YEARS.
7(A) TO 7(C) ARE R/AT: VISHWANATHAPURA, GUTTAHALLI,
KOLAR - 563 133.
RESPONDENT NOS.7(B) AND 7(C) ARE MINORS AND ARE REPRESENTED BY 7(A)
AGED ABOUT 33 YEARS.
10. SOMASHEKARA, S/O.PILLAPPA, AGED ABOUT 25 YEARS.
11. VENKATESHA, S/O. PILLAPPA, AGED ABOUT 18 YEARS,
ALL ARE RESIDING AT JANGAMAKOTE SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT - 562 105.
…RESPONDENTS
(BY SRI.T.NARAYANASWAMY, ADVOCATE FOR R4; R3, R8, R9, R10, R11 - SERVED; VIDE ORDER DATED 15.07.2022, NOTICE TO
R5 IS DISPENSED WITH; R7(A) - SERVED; R7(B AND C) - MINOR; VIDE ORDER DATED 23.01.2023, R1 IS DECEASED APPELLANT - 1 TREATED AS LRS; VIDE ORDER DATED 23.01.2023 R2 IS DECEASED, R3, R6 TO R9 ARE THE LRS.
THIS RFA IS FILED U/SEC.96, R/W, O-41, RULE-1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:21.07.2012 PASSED IN O.S.NO.24/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, INTINERARY COURT, SIDLAGHATTA, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
This Court by the order dated 12.10.2023, finally
granted time for filing the paper books.
appeal stands dismissed for non prosecution.
Sd/JUDGE
KAV List No.: 1 Sl No.: 25 CT:SNN
PILLAPPA AND OTHERS
MUNIVENKATAPPA AND OTHERS
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
