Regular first appeal of 2017 against a Gadag trial court decree was dismissed for non-prosecution after the appellants' advocate died; served appellants 1 to 3 did not appear and no representation was made despite court notice.
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 23RD DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100133 OF 2017 (DEC/INJ)
BETWEEN:
ASHPAK KASHIMSA MALAGALADINNI
Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SRI. VIRUPAXAPPA AND OTHERS APPELLANTS UNREPRESENTED)
AND:
…RESPONDENTS
(BY SRI. C.R. GOULAY & SRI. SUNIL S. DESAI, ADVOCATES FOR R2; SRI. ARAVIND D. KULKARNI, ADVOCATE FOR R3; R1 SERVED BUT UNREPRESENTED)
THIS RFA FILED UNDER SEC. 96 R/W ORDER XLI RULE 1 CPC, 1908, SET ASIDE THE JUDGMENT AND DECREE DATED 06.03.2017 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG IN O.S 34/2013; ALLOW THE APPEAL WITH COSTS THROUGHOUT BY DECREEING THE SUIT IN O.S 34/2013 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, GADAG.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
Advocate for the appellants is dead. After the death of the advocate, court notice was issued to the appellants. Notices were served on appellants No.1, 2 and 3 and notice is not served on appellant No.4.
There is no representation on behalf of appellants No.1 to 3.
Appeal is of the year 2017. There is no reason to adjourn the matter.
Appeal is dismissed for non-prosecution.
Sd/(ANANT RAMANATH HEGDE) JUDGE
gab CT:ANB List No.: 1 Sl No.: 4
1 provisions across 1 enactments
Virupaxappa Mallappa Tambargundi
Sharada W/o Virupaxappa Tambargundi
Manjunath S/o Virupaxappa Tambargundi
Shobha @ Pavitra W/o Basavaraj Hulikatti
Vishwanath S/o Virupaxappa Tambargundi
Basanagouda Hanmanagouda Basanagoudar
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
