High Court of Karnataka dismissed a regular first appeal filed under Order 41 Rule 1 and Section 96 CPC against a decree dismissing a suit for partition, due to the appellant's non-prosecution and absence despite court notices.
Appeal dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 490 OF 2018 (PAR/INJ)
BETWEEN:
SMT. V. KALAVATHI, W/O LATE G.SUBRAMANYA, AGED ABOUT 52 YEARS, DAUGHTER IN-LAW OF LATE: GOVINDARAJU C., NO.4/8, 19TH CROSS, B.S.K 3RD STAGE, RANGAIAH LAYOUT, ITTAMADU, BENGALURU - 560 085.
…APPELLANT
(BY SMT. V. KALAVATHI, ADVOCATE (ABSENT))
AND:
Digitally signed by C SOWMYA Location: High Court of Karnataka
MAJOR, CLERK IN TALUK OFFICE , CHITRADURGA - 563 992.
NC: 2023:KHC:28122 RFA No. 490 of 2018
PARK TOWN, MAGADI ROAD, BENGALURU - 560 023.
…RESPONDENTS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.12.2017 PASSED IN OS NO.6790/2013 ON THE FILE OF THE III ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR PARTITION, MESNE PROFITS, PERMANENT INJUNCTION AND FOR DECLARATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has already filed memo for retirement on 09.10.2019. Hence, the Court has issued legal notice to the appellant which was served on 12.11.2022. In spite of service of notice, the appellant has remained absent and not engaged any counsel.
NC: 2023:KHC:28122 RFA No. 490 of 2018
matter on 09.08.2023, with conditional order that if the appellant fails to appear on the said date, the Court would proceed to pass appropriate orders, including dismissal of the appeal for non-prosecution.
Hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
SMC List No.: 1 Sl No.: 4 CT:SNN
SMT. V. KALAVATHI
SRI. DHARMA G.
SRI. SAMPANGI G.
SRI. SHEKHAR G.
SRI. RAMACHANDRA G.
SRI. VENKATACHALA G.
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
