The High Court of Karnataka dismissed the regular first appeal filed by Mohan Balaku Patil for default due to the appellant's failure to provide instructions to their counsel after receiving a retirement notice.
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NC: 2024:KHC-D:12943-DB RFA No. 100499 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH 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.100499 OF 2018 (PAR/POS)
BETWEEN:
SHRI. MOHAN BALAKU PATIL AGE: 65 YEARS, OCC: PRIVATE SERVICE, R/O. LAXMITEK, MAHALAXMI NAGAR, BENAKANHALLI, BELAGAVI.
(BY SRI. S.C.BHUTI, ADVOCATE – RETIRED, APPELLANT-ABSENT)
AND:
Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2024.09.11 12:34:50 +0530
THIS RFA IS FILED UNDER SEC. 96 OF C.P.C. AGAINST THE JUDGMENT AND DECREE DATED 09.07.2018 PASSED IN O.S. NO. 145/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION & ETC.
THIS RFA, COMING ON FOR ORDERS, THIS DAY, ORDER WAS PASSED 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 S.C. Bhuti, the learned counsel who is on record for
the appellant, has filed memo for retirement enclosing a copy of the retirement notice addressed to the appellant and the postal acknowledgement as regards due service of notice. It is seen from the contents of the notice for retirement that the appellant has failed to give instructions. If a party to the proceedings, despite notice in this regard from his/ her learned counsel, refuses to give instructions, this Court must not only permit the learned counsel to retire but also infer lack of interest in prosecuting the appeal.
NC: 2024:KHC-D:12943-DB RFA No. 100499 of 2018
Hence, while permitting Sri S.C. Bhuti, to retire, the
appeal stands dismissed for default.
Sd/(B.M.SHYAM PRASAD) JUDGE
Sd/(C M JOSHI) JUDGE
BVV Ct:vh List No.: 1 Sl No.: 36
Mohan Balaku Patil
Madan Balaku Patil
Shankar Balaku Patil
Bhagirathibai W/O. Ashok Patil
Balu Ashok Patil
Manohar Ashok Patil
B.M. Shyam Prasad
C M Joshi
As recorded by the court registry
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