This judgment of the High Court of Karnataka dismissed a regular first appeal under Section 96 read with Order 41 Rule 1 CPC for non-prosecution, as the appellant did not appear and legal representatives of a deceased respondent were not brought on record.
Appeal 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 26TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 861 OF 2014 (DEC/INJ)
BETWEEN:
…APPELLANTS
(BY SRI. HARIPRASAD N.,ADVOCATE)
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
AND:
RFA No. 861 of 2014
BANGALORE NORTH TALUK BANGALORE-560 039.
…RESPONDENTS
(APPEAL AGAINST R1 & R2 IS DNP V/O DATED: 23.11.2022: NOTICE TO R3 IS H/S V/O DATED: 01.08.2022)
THIS RFA IS FILED UNDER SECTION 96 R/W.ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 5.3.2014 PASSED IN O.S.NO.3924/2009 ON THE FILE OF THE XXXVII ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE DECREEING THE SUIT FOR DECLARATION & INJUNCTION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellants.
Respondent Nos.1 and 2 are the contesting respondents.
Since no steps have been taken to bring the legal representatives of deceased respondent No.2 on record and no steps have been taken to serve the unserved
RFA No. 861 of 2014
respondent No.1, appeal against respondent Nos.1 and 2
came to be dismissed vide order dated 23.11.2022.
Till today, no application has been filed to bring the legal representatives of deceased respondent No.2 on record and no steps have been taken to serve respondent No.1.
It appears that the appellant is not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
List No.: 1 Sl No.: 37
DM
2 issues framed by the court
Whether to dismiss the appeal for non-prosecution due to absence of appellant and failure to bring legal representatives on record.
What is the procedural status of the appeal appealed under Section 96 read with Order 41 Rule 1 CPC.
2 provisions across 1 enactments
Smt. Sundaramma
Smt. R. Lokeshwari Bai
Sri. Kadari Subbarao Sudeendra Theertha Koushik
Sri Ramesh
Sri D. Ramadas
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
