Regular first appeal filed under Section 96 of the CPC by two appellants challenging a judgment and decree. The appeal was dismissed due to 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,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100093 OF 2020 (PAR/POS)
BETWEEN:
ASHPAK KASHIMSA MALAGALADINNI
Location: HIGH COURT OF KARNATAKA
(BY SRI. VIJAY K. NAIK, ADVOCATE)
AND:
…APPELLANTS
TQ: RAIBAG, DIST: BELAGAVI – 591311.
and AGRICULTURE, R/O: KUDACHI, TQ: RAIBAG, DIST: BELAGAVI- 591311.
TQ: RAIBAG, DIST: BELAGAVI.
OCC: AGRICULTURE, R/O: KUDACHI, TQ: RAIBAG, DIST: BELAGAVI-591311. (SINCE RESPONDENT NOS.28 TO 30 ARE MINORS THEY ARE R/BY THEIR NATURAL GUARDIAN, MOTHER I.E. RESPONDENT NO.27)
…RESPONDENTS
THIS RFA IS FILED UNDER SEC. 96 OF CPC., 1908, PRAYING
TO CALL FOR THE RECORDS AND SET-ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED IN O.S.NO.143/2017 DATED 20.11.2017 BY THE LEARNED SENIOR CIVIL JUDGE & JMFC., RAIBAG AND DISMISS THE SUIT OF THE PLAINTIFFS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
There was no representation on the previous
occasion and this Court directed the matters to be listed
for dismissal in case of non-compliance.
Today also there is no representation.
The appeal is dismissed for non-prosecution.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE
gab CT:ANB List No.: 1 Sl No.: 10
MAHAMMUDDIN S/O. ALLAUDDIN NASARADI
AFSARPASHA S/O. ALLAUDDIN NASARADI
MAREMBI W/O SHABODDIN CHAMANSHAIKH
ZAHIRAHAMMAD S/O. SHABODDIN CHAMANSHIKH
NAJIRAHAMMAD S/O. SHABOUDDIN CHAMANSHIKH
AFSANA W/O. YUNUS PATEL
ANANT RAMANATH HEGDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
