The second regular appeal regarding a civil decree was dismissed by the High Court of Karnataka due to non-prosecution, as the learned counsel representing the appellants was deceased and insufficient notice was served.
The appeal stood 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 35 OF 2008 (RES)
BETWEEN:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT NO 8/1, 13TH CROSS, 10TH 'C' MAIN, K.B. TEMPLE STREET, 6TH BLOCK, RAJAJINAGAR, BANGALORE - 10
…APPELLANTS
(COURT NOTICE ISSUED BUT APPELLANT IS ABSENT)
AND:
NC: 2023:KHC:43403 RFA No. 35 of 2008
ALL ARE R/AT NO.8/1, (IN DIFFERENT PORTIONS) 13TH CROSS, 10TH 'C' MAIN, K.B. TEMPLE STREET, 6TH BLOCK, RAJAJINAGAR, BANGALORE - 10.
(THE RESPONDENT 4 TO 8 ARE THE TENANTS IN OCCUPATION OF DIFFERENT PORTIONS AND THEY ARE ONLY FORMAL PARTIES)
…RESPONDENTS
(BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE FOR R2 & R3; VIDE ORDER DATED:29.07.2009, NOTICE TO R4 TO R8 ARE DISPENSED WITH; VIDE ORDER DATED: 29.07.2009, R1 - DIED, R2 AND R3 ARE TREATED AS LRS OF DECEASED R1)
NC: 2023:KHC:43403 RFA No. 35 of 2008
THIS RFA IS FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:22.09.2007 PASSED IN O.S.NO.8294/2002 ON THE FILE OF THE XVII ADDL. CITY CIVIL JUDGE, BANGALORE (CCH-16), IN SO FAR AS DISMISSING THE COUNTER CLAIM FOR POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
B.N.Puttalingaiah, learned counsel representing the
appellants is no more. Therefore, Court notice came to be issued, Court notice is returned with an endorsement 'service insufficient'.
dismissed for non prosecution.
Sd/JUDGE
KAV List No.: 1 Sl No.: 0 CT:SNN
Smt. Subbalakshmi
Sri. M. Mariyappan
Sri. M. Mahesh Kumar
Smt. R. Subbamal
Sri. R. Anniyappan
Sri. R. Dorai
V Shri Shananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
