The High Court of Karnataka allowed the learned counsel for the appellant to retire due to lack of instructions and dismissed the first appeal filed against a partition decree by default.
The appeal was dismissed by default in accordance with the provisions of the Code of Civil Procedure.
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024 PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE C M JOSHI REGULAR FIRST APPEAL NO.100219 OF 2018 (PAR)
BETWEEN:
SHRI. JOHN NIRMAL KUMAR S/O. BHIMSEN R., AGE: 57 YEARS, OCC: WORKING AS MANAGER, PRAGATHI KRISHNA GRAMINA BANK, BALLARI, R/O: PLOT NO.113, GANESH COLONY, S.N.PET, BALLARI-583102.
(BY SRI. V.SHIVARAJ HIREMATH, ADVOCATE)
AND:
Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2024.09.18 10:09:02 +0530
PATEL NAGAR, BALLARI-583101. PRESENTLY R/O: OHIO, UNITED STATES OF AMERICA.
(NOTICE TO RESPONDENTS – SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER 41, RULE 1 READWITH SECTION 151 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 20.02.2018 PASSED IN O.S.NO.165/2015 ON THE FILE OF THE I-ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, DISMISSING THE SUIT FILED FOR PARTITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT 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 Shivaraj V. Hiremath, the learned counsel on
record for the appellant has filed memo of retirement enclosing copy of the intimation of retirement addressed to the appellant along with postal window receipt and the acknowledgement.
The learned counsel has stated in this intimation that he is not able to prosecute this appeal for want of instructions. This Court must, if the appellant despite receipt of intimation has not contacted the learned counsel, not only permit the learned counsel to retire but also dismiss the appeal for default. It is ordered accordingly dismissing the appeal.
Sd/(B.M.SHYAM PRASAD) JUDGE
Sd/(C M JOSHI) JUDGE
BVV
CT: VH/List No.: 1 Sl No.: 30
1 provisions across 1 enactments
Shri. John Nirmal Kumar
Shri. Bhimsen R.
Shri. Dr. Satish
Shri. Ajay Kumar
Smt. Shashikala
Misis. Daisy Indira
B.M. Shyam Prasad
C M Joshi
As recorded by the court registry
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