The High Court of Karnataka dismissed a regular first appeal for non-prosecution filed under the CPC against a judgment declining partition, noting ten years elapsed without appearance by the appellant.
Appeal dismissed for non-prosecution; interlocutory applications disposed of; no costs.
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 9TH 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.57 OF 2013 (PAR)
BETWEEN:
MRS. B. VARALAKSHMI W/O T.N. BHUPALAN AGED ABOUT 70 YEARS R/AT NO.S-6, BLOCK III KUMBHA, LAKE VIEW RESIDENCY, K.C. HALLI BANGALORE-560 076 …APPELLANT
(BY SHRI. K. GIRIDHAR, ADVOCATE – [ABSENT])
AND:
Digitally signed by ANUSHA V Location: HIGH COURT OF KARNATAKA
SINCE DECEASED BY LRS
1(B) SMT. BHAVANI W/O LOKANATHAN AGED ABOUT 40 YEARS ALL ARE RESIDING AT NO.28-107B-1 K.M. COLONY, CHITTOOR-517 001
SINCE DECEASED BY LRS
THIS RFA IS FILED UNDER SECTION 96, ORDER 41, RULES 1 AND 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.10.2012 PASSED IN O.S.No.7101/2003 ON THE FILE OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA, COMING ON FOR HEARING , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is of the year 2013. None appeared for the appellant on 13.02.2023, 24.02.2023, 03.03.2023, 29.03.2023 as also today. Ten years have elapsed. Appellant does not seem to be interested in prosecuting this appeal. In the circumstance, this appeal is dismissed for
non-prosecution.
NC: 2023:KHC:19821-DB RFA No. 57 of 2013
applications, if any, do not survive for consideration and
they stand disposed of.
No costs.
Sd/JUDGE
Sd/JUDGE
AV
List No.: 1 Sl No.: 55
1 provisions across 1 enactments
Mrs. B. Varalakshmi
Sri. D.P. Sadananda LRS
Smt. Saroja
Smt. Bhavani
Sri. Pasupathi LRS
Smt. Ayesha
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
