Miscellaneous first appeal against interim orders in a suit over family property was dismissed because the appellant's counsel did not attend, amend the appeal memo as directed, or pay the filing fee for notices to new legal representatives.
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: 2024:KHC:45551 MFA No. 1120 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.1120 OF 2015 (CPC)
BETWEEN:
…APPELLANT
(BY SRI. P SRINIVASAIAH, ADVOCATE [ABSENT])
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
S/O LATE KEMPANAHALLI PUTTANACHANNAIAH.
RESPONDENTS NO.1 AND 2 ARE R/AT PADUVAGERE VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 131.
…RESPONDENTS
(BY SRI. ABHINAY Y.T., ADVOCATE FOR R1 TO R3 AND R8; SMT. S.N.SUDHA, ADVOCATE FOR R4, R6, R7 AND IMPLEADING PROPOSED – R9)
THIS MFA IS FILED UNDER ORDER 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED 7.11.2014 PASSED ON IA NO.1 AND 4 IN O.S.NO.8236/2012 ON THE FILE OF THE 10TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY ALLOWING IA NO.1 FILED UNDER ORDER 39, RULES 1 AND 2 OF CPC AND PARTLY ALLOWING IA NO.4 FILED UNDER ORDER 39, RULE 4 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
The matter is called twice both in the morning session and in the afternoon session and there is no representation on behalf of the appellant. The learned counsel for the appellant has also not filed the amended appeal memo vide order dated 09.06.2021 and also not paid the PF to issue notice to the legal representatives of respondent Nos.5(a) to (c). The learned counsel for the appellant is not pursuing the matter diligently and hence, the appeal is dismissed for not taking the steps and for non-amendment of the appeal memo.
Sd/(H.P.SANDESH) JUDGE
MD
List No.: 1 Sl No.: 2
3 provisions across 1 enactments
Sri Srinivasa
Sri Narasimhaiah
Smt. Chikkathayamma
Sri N. Channappa
Sri P.N. Krishna
Smt. P.N. Bhagyamma
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
