A regular first appeal arising from partition/possession matters was dismissed because the appellant failed to comply with office objections and prosecute the appeal despite repeated opportunities over more than a year.
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:12980 RFA No. 100390 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 100390 OF 2023 (PAR/POS)
BETWEEN:
SRI. RAJEEV VASUDEVRAO DESHAPANDE, AGE: 56 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: #195, RAMA NIVAS, NARAYANPUR, DHARWAD-580 008.
…APPELLANT
(BY SRI. UDAYASHANKAR SHINDHE., ADVOCATE [ABSENT])
AND:
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC-D:12980 RFA No. 100390 of 2023
R/O: BASTI ONI, HOSAYALLAPUR, DHARWAD-580 001.
…RESPONDENTS
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908.
NC: 2024:KHC-D:12980 RFA No. 100390 of 2023
THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
When the case is called, the appellant is not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case.
As could be seen from the daily order sheet, the appeal was listed on 09.10.2023, on that day, two weeks time was granted to remove the office objections. Again the appeal was listed on 19.12.2023, on that day, three weeks time was granted to comply with the office objections, failing which the appeal stands dismissed without reference to the bench. However, on an application, the order was recalled and the appeal was restored to the Registry on 29.05.2024. Thereafter, the appeal was listed on 15.07.2024, on that day, learned counsel for the appellant had sought time and it was ordered to be listed next week. Despite granting time, office objections are not complied with.
A perusal of the entire order sheet reveals that the appeal was dismissed for non-compliance of office objections and the same was recalled and the appeal was restored to the Registry.
Despite giving sufficient opportunities, the office objections are not complied with. Furthermore, the appeal is filed on 17.07.2023. Now we are in the month of September 2024. The appeal is pending for almost one year two months. It appears that the appellant is not diligent in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for nonprosecution and also for non-compliance of office objections.
Sd/(JYOTI MULIMANI) JUDGE
MRP LIST NO.: 2 SL NO.: 9
1 provisions across 1 enactments
Sri Rajeev Vasudevrao Deshapande
Sri Channabasappa s/o Irappa Maddennavar
Sri Shekhappa s/o Irappa Maddennavar
Sri Shivanand s/o Irappa Maddennavar
Sri Ulavappa s/o Irappa Maddennavar
Smt Anasuya d/o Irappa Maddennavar
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
