The Regular First Appeal arising from a partition suit listed for orders was dismissed for non-prosecution. The appellants failed to appear despite time grants, and steps were not taken regarding unserved respondents.
Appeal dismissed for non-prosecution. 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.
RFA No. 578/2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 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. 578 OF 2010 (PAR)
BETWEEN:
Digitally signed by ANUSHA V Location: HIGH COURT OF KARNATAKA
W/O RAMACHANDRA AGED ABOUT 58 YEARS REVENUE SHERESTHEDAR HUNASINAKERE ROAD, HASSAN TOWN HASSAN DISTRICT.
RFA No. 578/2010
(BY SHRI. K.N. LINGARAJU, ADVOCATE FOR
M/S. RAVIVARMA KUMAR, ASSOCIATES [ABSENT])
AND:
RFA No. 578/2010
RFA No. 578/2010
ALL ARE RESIDENT AT KELAGEER VILLAGE GULLANPET POST MUDIGERE TALUK CHICKMAGALUR DISTRICT-43.
SINCE DEAD BY LRs.
ALL ARE RESIDING AT NANDIGONDANAHALLY VILLAGE AREHALLY HOBLI BELUR TALUK HASSAN DISTRICT-573 201.
RFA No. 578/2010
6. LAKSHMAMMA
W/O LATE MANJAIAH SINCE DEAD HER LR
THE 1ST RESPONDENT …RESPONDENTS
[BY SHRI. JWALA KUMAR, ADVOCATE FOR R1; R2(A), R2(B) AND R2(D) - SERVED; V/O DATED 31/01/2018 APPEAL DISMISSED AGAINST UNSERVED R2(C)]
THIS RFA IS FILED U/O 41 RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.12.2009, PASSED IN OS.NO.20/2008, ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., BELUR, DECREEING THE SUIT FOR PARTITION & MESNE PROFITS.
THIS RFA, COMING ON FOR ORDERS , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:
JUDGMENT
This matter is listed for dismissal today. None appears for
the appellants. Even on the last occasion, none appeared for the appellants. This appeal is of the year 2010. Despite grant of time, steps are not taken in respect of unserved respondents. Hence, this appeal is dismissed for non-prosecution.
No costs.
Sd/JUDGE
Sd/-
JUDGE
YN List No.: 1 Sl No.: 31`
N.A. RAJASHEKAR S/O ANNAPPA
N.A. SOMAPPA S/O ANNAPPA
DEVAMMA
GANESH S/O ANNAPPA
MANJUNATHA S/O ANNAPPA
NANDANA S/O ANNAPPA
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
