The First Appellate Court dismissed a regular first appeal for non-prosecution. The appellant failed to comply with office objections and did not appear for the hearing despite multiple adjournments.
The appeal is 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 23RD 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. 846 OF 2019 (PAR)
BETWEEN:
Digitally signed by ANUSHA V Location: HIGH COURT OF KARNATAKA
BASAVARAJAPPA S/O LATE NANJUNDAPPA AGED ABOUT 52 YEARS R/O HULLUR VILLAGE,
CHITRADURGA TQ & DIST-577 501. …APPELLANT
(BY SHRI. SPOORTHY HEGDE NAGARAJA, ADVOCATE [ABSENT])
AND:
RESPONDENT NO. 5 AND 6 ARE R/O HULLUR VILLAGE CHITRADURGA TQ & DIST-577 501. …RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 R/W.ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.01.2019 PASSED IN O.S.NO.106/2017 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, CHITRADURGA PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA, COMING ON FOR ORDERS , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellant.
time for non-compliance of office objections. Despite grant of time on several dates of hearing, office objections have
NC: 2023:KHC:21769 RFA No. 846 of 2019
not been complied with. Hence, this appeal is dismissed
for non-prosecution.
No costs.
Sd/JUDGE
Sd/JUDGE
YN List No.: 1 Sl No.: 9
BASAVARAJAPPA S/O LATE NANJUNDAPPA
SMT. GOWRAMMA W/O GANGADHARAPPA
SMT. PUSHPA W/O MALLESHAPPA
SMT. RATHNAMMA W/O PREMKUMAR
SMT. GEETHAMMA W/O SHIVAKUMAR
NAGARAJAPPA S/O LATE BASAPPA
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
