Appeal against dismissal of a suit for partition, separate possession and declaration was dismissed for default as the appellants failed to appear and did not comply with office objections despite an earlier opportunity.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST 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. 100201 OF 2024 (PAR/POS)
BETWEEN:
Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SRI. SANTOSH PUJARI, ADVOCATE FOR APPELLANT - ABSENT)
AND:
…RESPONDENTS
THIS REGULAR FIRST APPEAL FILED UNDER SEC. 96 READ WITH ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.12.2023 PASSED IN O.S.NO.170/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI DISMISSED THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION AND DECLARATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE 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)
None appears for the appellants. In fact, it is noticed from the proceedings before the Additional Registrar [Judicial] on 03.07.2024 there was no representation for the appellants, but the learned Additional Registrar [Judicial] nevertheless has granted three weeks for compliance. The office objections have not been complied with despite this opportunity. It is obvious that the concerned are not interested in prosecuting the appeal. Hence, the appeal stands dismissed for default.
Sd/(B.M.SHYAM PRASAD) JUDGE
Sd/(C M JOSHI) JUDGE
LIST NO.: 1 SL NO.: 12
YAN
1 provisions across 1 enactments
SMT. YALLUBAI W/O. VASANT JADHAV
SMT. PRABHAVATI W/O. YALLAPPA GORAL
SMT. LATA W/O. PRATAB MODAGEKAR
SHRI BALARAM ALIAS BALU S/O. YALLAPPA PAVASHE
SHRI SHIVAJI S/O. YALLAPPA PAVASHE
SHRI ARJUN S/O. YALLAPPA PAVASHE
B.M. SHYAM PRASAD
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
