The court dismissed the appeal due to the appellant's failure to take steps to cause service of notice on the respondent, despite being granted liberty to furnish copies.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS SECOND APPEAL NO. 42 OF 2016 (RO)
BETWEEN:
…APPELLANTS
Digitally signed by RAMYA D (BY SRI. SHANKARANARAYANA BHAT N., ADVOCATE) Location: HIGH AND: COURT OF KARNATAKA
SMT. PUTTALAKSHMAMMA, D/O JOGEGOWDA, AGED ABOUT 60 YEARS, R/AT DOOR NO. 56, 1ST MAIN, 5TH CROSS ROAD, METAGALLI, MYSURU.
…RESPONDENT
THIS MSA IS FILED U/O XLIII RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.08.2014
NC: 2024:KHC:366 MSA No. 42 of 2016
PASSED IN R.A NO.36/2013 ON THE FILE OF THE V ADDL. DISTRICT JUDGE, MYSORE, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 03.12.2012 PASSED IN O.S NO.474/2006 ON THE FILE OF THE PRINCIPAL JUDGE, SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSORE, REMITTED BACK THE MATTER TO THE TRIAL COURT TO DISPOSE OF THE SUIT BY GIVING FINDINGS ON THE SAID ISSUE IN ACCORDANCE WITH LAW.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Steps are not taken to cause service of notice on
respondent and also liberty was granted to furnish copy of appeal to the counsel, who is appearing before the trial Court on behalf of the respondent. But, this needful has not been done.
hereby dismissed for not taking steps to cause service of notice on the respondent.
Sd/JUDGE
MH/List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the appellant took sufficient steps to cause service of notice on the respondent?
1 provisions across 1 enactments
Raju
Bharathi
Puttalakshmamma
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
