Three connected regular first appeals against judgments in title suits. Appellants' counsel was absent on successive hearing dates and the appeals were not being prosecuted; the High Court dismissed all three appeals for non-prosecution without deciding the merits.
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NC: 2024:KHC-D:17272-DB RFA No.100218 of 2018 C/W RFA No.100213 of 2018 RFA No.100214 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF NOVEMBER, 2024
PRESENT THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR AND
THE HON'BLE MR. JUSTICE T. G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO.100218 OF 2018 (SP)
C/W
REGULAR FIRST APPEAL NO.100213 OF 2018 (DEC/INJ) REGULAR FIRST APPEAL NO.100214 OF 2018 (DEC/INJ)
IN RFA NO.100218 OF 2018:
BETWEEN:
ROOPALEPPA S/O BHIMAPPA LAMANI AGE: 57 YEARS, OCC: AGRICULTURE, R/O: DADIBHAVI TANDA, TQ: RAMDURG, DIST: BELAGAVI-591123.
…APPELLANT
(BY SRI M.H. PATIL, ADVOCATE - ABSENT.)
AND:
MANJANNA E Digitally signed byMANJANNA E Location: High Court ofKarnataka, DharwadBenchDate: 2024.12.0310:04:40 +0530
THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO, SET ASIDE THE JUDGMENT AND DECREE PASSED ON 09.03.2018 BY
NC: 2024:KHC-D:17272-DB RFA No.100218 of 2018 C/W RFA No.100213 of 2018 RFA No.100214 of 2018
SENIOR CIVIL JUDGE RAMDURG AT RAMDURG IN OS NO.17/2012 BY DECREEING THE SUIT OF THE PLAINTIFF AS PRAYED FOR BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE AND EQUITY.
IN RFA NO.100213 OF 2018
BETWEEN:
…APPELLANTS
(BY SRI M.H. PATIL, ADVOCATE - ABSENT.)
AND:
…RESPONDENTS
THIS RFA IS FILED UNDER SEC. 96 R/W UNDER ORDER XLI RULE 1 OF CPC., PRAYING TO, JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE RAMDURG IN OS NO.6/2012 DATED 09.03.2018 MAY KINDLY BE SET ASIDE THE SUIT OF THE PLAINTIFF MAY KINDLY BE DECREED BY HOLDING THAT THE PLAINTIFFS HAVE PERFECTED THEIR TITLE OVER THE SUIT PROPERTY AGAINST THE DEFENDANTS NO.1 AND THEIR PREDECESSORS IN TITLE IN THE INTEREST OF JUSTICE.
IN RFA NO.100214 OF 2018
BETWEEN:
…APPELLANTS
(BY SRI. M.H. PATIL, ADVOCATE - ABSENT)
AND:
THIS RFA IS FILED UNDER SECTION 96 R/W UNDER ORDER XLI RULE 1 OF CPC., PRAYING TO, JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE RAMDURG IN OS NO.5/2012 DATED 09.03.2018 MAY KINDLY BE SET ASIDE THE SUIT OF THE PLAINTIFF MAY KINDLY BE DECREED BY HOLDING THAT THE PLAINTIFFS HAVE PERFECTED THEIR TITLE OVER THE SUIT PROPERTY AGAINST THE DEFENDANTS NO.1 AND THEIR PREDECESSORS IN TITLE IN THE INTEREST OF JUSTICE.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC-D:17272-DB RFA No.100218 of 2018 C/W RFA No.100213 of 2018 RFA No.100214 of 2018
CORAM: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR AND
THE HON'BLE MR. JUSTICE T. G. SHIVASHANKARE GOWDA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR)
Order sheet dated 23.11.2024 shows that appellants’ counsel was absent and respondents’ counsel was present. Today also appellants’ counsel is absent and respondents’ counsel is present. Since appeals are not prosecuting, all the three appeals are dismissed for non prosecution.
Sd/(SREENIVAS HARISH KUMAR)
JUDGE
Sd/-
(T. G. SHIVASHANKARE GOWDA) JUDGE
EM List No.: 1 Sl No.: 31
1 provisions across 1 enactments
Roopaleppa S/o Bhimappa Lamani
Smt. Vasuda @ Vasundhara W/o Vasant Joshi
Sri Fakirappa S/o Hucahappa Sajjan
Sri Ashok S/o Hucahappa Sajjan
Sri Mallappa Pawadeppa Karadigudd
Sri Basappa Pawadeppa Karadiguddi
Sreenivas Harish Kumar
T. G. Shivashankare Gowda
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
