Regular first appeal against a partition and separate possession decree was dismissed for default because the appellants' counsel could not prepare paper books as the parties failed to contact him, indicating lack of interest in prosecuting the appeal.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR FIRST APPEAL NO. 100111 OF 2022 (PAR/POS)
BETWEEN:
Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA
AGE. 20 YEARS, OCC. STUDENT / AGRICULTURE, R/O. BUDNI K.D., TQ. MUDHOL, DIST. BAGALKOT-587313.
…APPELLANTS
(BY SRI. C.R. HIREMATH AND U.G. KATTIMANI, ADVOCATES)
AND:
…RESPONDENTS
(BY SRI. VITTHAL S. TELI, ADVOCATE FOR R2 TO R4; SRI. M.B. GUNDAWADE, ADDL. SPP. FOR R5; R1-SERVED)
THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.11.2020 PASSED IN O.S.NO.38/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD and THE HON'BLE MR. JUSTICE C M JOSHI
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
Sri.C.R.Hiremath, learned counsel for appellants
submits, that he is unable to file paper books because the parties have not contacted him despite communication in this regard from him. If the parties do not contact the learned counsel and because of that the learned counsels cannot assist the Court, this Court can only infer that
parties are not interested in prosecuting the proceedings.
Hence, appeal is dismissed for default.
Sd/(B.M.SHYAM PRASAD) JUDGE
Sd/(C M JOSHI) JUDGE
HMB
LIST NO.: 1 SL NO.: 10
1 provisions across 1 enactments
Smt. Sundrawwa W/o. Sidramappa Gulagalajambagi
Sri. Hanamant S/o. Sidramappa Gulagalajambagi
Sri. Rajshekhar S/o. Sidramappa Gulagalajambagi
Smt. Lalitha W/o. Narayan Gulagalajambagi
Sri. Somanna alias Somesh S/o. Narayan Gulagalajambagi
Smt. Laxmi W/o. Mahantesh Godi
B.M.Shyam Prasad
C M Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
