Regular second appeal regarding a civil decree dispute. One appeal was dismissed as abated; the remaining appeal was dismissed for non-prosecution after a claimed settlement.
Appeal against appellant No.1 dismissed as abated; appeal dismissed for non-prosecution; IA disposed off.
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.
NC: 2023:KHC-D:12788 RSA No. 843 of 2008
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF NOVEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
REGULAR SECOND APPEAL NO. 843 OF 2008
BETWEEN:
… APPELLANTS
(BY SRI. K.S. DESAI & SRI. HARSH DESAI, ADVOCATES FOR A2. APPEAL IS DISMISSED AS ABATED IN R/O Appellant No.1.) AND:
VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.11.04 11:37:46 +0530
… RESPONDENTS ( R1 SERVED; APPEAL AGAINST R2 STANDS DISMISSED)
THIS RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 27.02.2008 PASSED IN R.A.NO. 75 OF 2005 ON THE FILE OF THE CIVIL JUDGE, (SR.DN), & ITINERATE COURT, HIREKERUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DTD 19.08.2005 PASSED IN OS NO.122 OF 1998 ON THE FILE OF THE CIVIL JUDGE, (JR.DN) & JMFC, HIREKERUR.
NC: 2023:KHC-D:12788 RSA No. 843 of 2008
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appears for appellant No.2. The appeal as against appellant No.1 is dismissed as abated by order dated 04.08.2023.
prosecution. As a consequence, I.A.1/2008 stands disposed off.
Sd/JUDGE
kmv
ct:bck
1 issue framed by the court
Whether the second appeal should be allowed given the abatement of one appellant and settlement proceedings of the other.
1 provisions across 1 enactments
SHIVAPPA BASAPPA BARKI
CHANDRAPPA BASAPPA BARKI
KARABASANAGOUDA HANUMANTAGOUDA PATIL
VIJAYALAKSHMI M KANKUPPI
HANUMANTAGOUDA NAGANAGOUDA PATIL
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
