A regular first appeal against a judgment partly decreeing a suit for partition and permanent injunction was dismissed for non-prosecution, as the appellant's advocate was absent and office objections, including a recalling application, were not complied with.
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:31735 RFA No. 1232 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1232 OF 2019 (PAR/INJ)
BETWEEN:
RAMDASS V., S/O LATE VENKATAPPA, AGED ABOUT 72 YEARS, NO.1376/1, 11TH A CROSS, AGED ABOUT 74 YEARS, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BANGALORE – 560 086.
…APPELLANT
(BY SRI.DR.B.MANJUNATH, ADVOCATE (ABSENT))
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
1(b) S. KOKILA, D/O LATE K. SURYAPRAKASH, AGED ABOUT 25 YEARS,
NC: 2024:KHC:31735 RFA No. 1232 of 2019
1(d) S. JAYASURYA, D/O LATE K. SURYAPRAKASH, AGED ABOUT 22 YEARS, ALL ARE PERMANENTLY RESIDING AT GOLLAPALLI VILLAGE, EMAKALNATHAM POST, KRISHNAGIRI DISTRICT, TAMIL NADU – 635 109.
…RESPONDENTS
(BY SRI. SRINIVAS MURTHY D S., ADVOCATE FOR R1(C))
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.03.2019 PASSED IN O.S.NO.768/2015 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
None present.
Office objections are not complied. Office objection with
regard to recalling application vide IA No.1/2023 is also not complied.
Accordingly, appeal stands dismissed for non-
prosecution.
Sd/(V SRISHANANDA) JUDGE
PN List No.: 1 Sl No.: 21
1 provisions across 1 enactments
Ramdass V.
K. Surya Prakash (deceased)
Smt. Jayakodi
S. Kokila
S. Jayaprakash
S. Jayasurya
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
