The court dismissed the regular first appeal for non-prosecution as the counsel for the appellant had retired and the appellant failed to appear.
Appeal dismissed for non-prosecution.
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.
NC: 2024:KHC-D:18246 RFA No. 100302 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO.100302 OF 2018 (PAR-)
BETWEEN:
SHRI. RAMESH S/O. SIDDAPPA LAMANI @ RATHOD AGE:52 YEARS, OCC:AGRICULTURE, R/O. ARIBENCHI TANDA, TAL:RAMDURG, DIST:BELAGAVI-591123.
…APPELLANT
(SHRI. RAMESH LAMANI @ RATHOD, APPELLANT)
AND:
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA
S/O BASHETTEPPA ARIBENCHI, AGE:46 YEARS, OCC:BUSINESS AND AGRICULTURE, R/O.ITI ONI, RAMDURG, TAL:RAMDURG, DIST:BELAGAVI, PIN: 591123.
D/O PRABHULING ARIBENCHI AGE:26 YEARS, OCC:STUDENT, R/O.ITI ONI, RAMDURG, TAL:RAMDURG, DIST:BELAGAVI, PIN: 591123.
…RESPONDENTS
(BY SRI SHIVARAJ P.MUDHOL, ADVOCATE FOR R1; NOTICE TO R2 TO 4, 6 & 7 SERVED BUT UNREPRESENTED)
THIS RFA IS FILED UNDER SEC.96 OF CODE OF CIVIL PROCEDURE PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DTD:27.06.2018 PASSED IN O.S.NO.11/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, RAMDURG INSOFAR AS THIS APPELLANT’S CLAIM IS CONCERNED BY ALLOWING THIS APPEAL AND SUIT FILED AS AGAINST THE APPELLANT MAY BE DISMISSED TO MEET THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL IS COMING ON FOR ORDER THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Counsel for the appellant has already retired from the case. Then there was a direction to show the name of appellant in the cause list. As per direction, name of appellant is shown in the cause list.
There is no representation on behalf of the appellant.
Hence, appeal is dismissed for non-prosecution.
Sd/(ANANT RAMANATH HEGDE) JUDGE
AM List No.: 2 Sl No.: 2
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution due to the retirement of counsel and non-representation of the appellant?
1 provisions across 1 enactments
SHRI. RAMESH S/O. SIDDAPPA LAMANI @ RATHOD
SMT. GEETA D/O BASHETTEPPA ARIBENCHI
SHRI MAHABALESHWAR S/O BASHETTEPPA ARIBENCHI
SHRI VEERESH S/O BASHETTEPPA ARIBENCHI
SMT.MAHADEVI W/O PRABHULING ARIBENCHI
KUMARI DANAMMA D/O PRABHULING ARIBENCHI
ANANT RAMANATH HEGDE
As recorded by the court registry
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