First appeal filed under Section 96 of the CPC was dismissed for non-prosecution as the appellant appeared unrepresented and permitted to retire.
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 9TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 100374 OF 2020 (PAR-)
BETWEEN:
SRI. GURURAJ @ GURUDEV S/O. GURUSANGAPPA HURAKADLI, AGE: 45 YEARS, OCC: BUSINESS, R/O: KESHWAPUR, HUBBALLI.
…APPELLANT
(BY SRI. GURURAJ - UNREPRESENTED)
AND:
ASHPAK KASHIMSA MALAGALADINNI
Location: HIGH COURT OF KARNATAKA
OCC: BUSINESS, R/O: SHIVAGANGA LAYOUT, KESHWAPUR, HUBBALLI.
SINCE MINOR REPRESENTED BY HER NATURAL MOTHER GUARDIAN RESPT. NO.7 NEETHA M. TELISARA
KESHWAPUR, HUBBALLI.
R/O: H.NO.31, NAVIPETH, RAMDURG, DIST: BELAGAVI.
…RESPONDENTS
(BY SRI. Y.R.JOGI, ADVOCATE FOR R-18;
R11, R12, R14, R15, R16, R20, R24, R25 AND R26 ARE SERVED BUT UNREPRESENTED)
THIS RFA FILED UNDER SEC. 96 OF CPC., 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.10.2019 PASSED IN FDP NO. 27/2013 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, HUBBALLI, AND DISMISS THE SUIT FILED BY THE PLAINTIFF IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
Learned counsel for the appellant is permitted to
retire from the case. The name of appellant is shown in the cause list. There is no representation.
Hence, appeal is dismissed for non-prosecution.
Sd/(ANANT RAMANATH HEGDE)
JUDGE
AM CT:ANB List No.: 1 Sl No.: 28
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution?
1 provisions across 1 enactments
Sri. Gururaj @ Gurudev
Ashpak Kashimsa Malagaladinni
Jayantilal S/o. Vimalachand Telisara
Smt. Rajul W/o. Jayantilal Telisara
Nisha W/o. Ashis Mehta
Neha W/o. Pratham Mehta
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
