This regular first appeal filed under Section 96 of CPC was dismissed for non-prosecution as the appellant failed to comply with peremptory orders dated 17-1-2020 and 30-08-2023 to file paper books and a case synopsis.
Appeal dismissed for non-prosecution due to violation of orders to file synopsis and paper books.
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NC: 2023:KHC:32502 RFA No. 951 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI REGULAR FIRST APPEAL NO. 951 OF 2017 (PAR)
BETWEEN:
SRI T.VIJENDRA, S/O. LATE THIMMAIAH, AGED ABOUT 41 YEARS, R/O: THIRUMALA ENTERPRISES, OPP TO 6TH CROSS, EXTENSION, B M ROAD, CHANNAPATNA TOWN, RAMANAGARA DISTRICT - 562 160.
…APPELLANT
(BY SRI JAYAKIRTHI M C, ADVOCATE [ABSENT])
AND:
Digitally signed by T S NAGARATHNA Location: High Court of Karnataka
…RESPONDENTS (BY SRI K P BHUVAN, ADVOCATE FOR C/R1; SRI S RAJU, ADVOCATE FOR R2)
NC: 2023:KHC:32502 RFA No. 951 of 2017
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.03.2017 PASSED IN OS.NO.52/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNAPATTANA, RAMANAGARA DISTRICT, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
In view of the order dated 30-08-2023, the appellant should have filed synopsis of the case within a week. The appellant has not complied the said order.
Sd/JUDGE
tsn* List No.: 1 Sl No.: 21
1 issue framed by the court
Whether the appeal should be dismissed for failure to comply with peremptory orders to file synopsis and paper books.
1 provisions across 1 enactments
SRI T.VIJENDRA
SMT. POORNIMA
SMT. CHIKKATHAYAMMA
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
