Appeal against a decree for partition and separate possession was dismissed for non-prosecution after the appellant filed a memo stating she had created third-party interests on the suit property and did not wish to pursue the appeal.
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 AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO.1133 OF 2015 (POS)
BETWEEN:
SMT. SUBBA RATHNA W/O. LATE M.J. PRABHAKAR, C/O. K.S. SATHYANARAYANA SHETTY, AGED ABOUT 60 YEARS, RESIDENT OF NO.117, 5TH MAIN, 5TH CROSS, VASANTHPURA, BDA LAYOUT, BENGALURU – 560 061. ... APPELLANT
(BY SRI BALARAJ A.C., ADVOCATE)
AND:
RESIDENT OF PALYAKERE VILLAGE, CHELLUR HOBLI, BHAGEPALLI TALUK, KOLAR DISTRICT – 561 202.
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.01.2014 PASSED IN O.S.NO.978/2007 ON THE FILE OF THE XXII ADDL. CITY CIVIL AND SESSIONS JUDGE BANGALORE (CCH.NO.7), DECREEING THE SUIT PARTITION FOR SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
Learned counsel for the appellant submits and also
filed a memo stating that the appellant has already created third-party interest on the subject matter and he is not interested in prosecuting the matter.
NC: 2024:KHC:45754 RFA No. 1133 of 2015
there is no progress in the matter. Hence, the appeal is
dismissed for non-prosecution.
Sd/(K.NATARAJAN) JUDGE
MBM List No.: 1 Sl No.: 10
1 provisions across 1 enactments
Smt. Subba Rathna
Sri M.J. Rajendra Prasad
Sri M.J. Radha Krishna
Smt. Aswath Lakshmi
B.S. Rajeshwari
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
