Regular first appeal against a final decree in a partition suit dismissing the appeal for non-prosecution, as appellants repeatedly failed to appear and take steps for service of notice on respondents.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO. 1264 OF 2020 (PAR)
BETWEEN:
Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT BEERLINGESWARA LAYOUT, KONDAJJI ROAD, AVARGOLLA POST, DAVANGERE TALUK, DAVANGERE DISTRICT - 577 589.
…APPELLANTS
(BY SRI SHANKAREGOWDA M B, ADVOCATE [ABSENT])
AND:
SMT. NEELAMMA, W/O LATE SIDDAROODAPPA, AGED ABOUT 59 YEARS.
1 & 2 ARE NOW RESIDING AT NO. 118/1, M.B KERE, 1ST MAIN, 1ST CROSS, DAVANAGERER-577 001.
AGED ABOUT 26 YEARS, R/AT DEVIHOSUR VILLAGE, HAVERI TALUK & DISTRICT.
SRI LATE BHARMANNA, S/O SRI VEERABHADRAPPA, SINCE DEAD BY HIS LRS.
SRI LATE JAGADEESHAPPA, S/O LATE BHARMANNA, SINCE DEAD BY HIS LRS.
ALL ARE R/AT MYLARALINGESHWARA NILAYA, HOUSE NO.114, M.B KERI, 1ST MAIN, 1ST CROSS, DAVANGERE - 577 001.
NC: 2024:KHC:11451-DB RFA No. 1264 of 2020
SMT. LATE REVANNA, W/O LATE BHARMANNA, SINCE DEAD BY HER LRS.
THE RESPONDENTS NO. 9 TO 11 R/AT YALLAMMA FILM THEATER, JAVAGAL POST, ARASIKERE TALUK, HASSAN DISTRICT.
PRASHANTHI NILAYA, DAVANGERE - 577 006.
…RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.09.2019 PASSED IN FDP.NO.20/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND V MACT, DAVANAGERE ALLOWING THE PETITION FILED UNDER ORDER 20 RULE 18 R/W SEC.54 OF CPC PRAYING TO APPOINT COURT COMMISSIONER AND TO DEMARK THE PETITIONER’S SHARE IN THE SCHEDULE PROPERTIES AS PER THE PRELIMINARY DECREE PASSED IN OS.No.217/2007 DATED 25.06.2012 AND TO HANDING OVER HIS SHARE IN THE SCHEDULE PROPERTY BY MEETS AND BOUNDS.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, S.G.PANDIT J., DELIVERED THE FOLLOWING:
NC: 2024:KHC:11451-DB RFA No. 1264 of 2020
JUDGMENT
This Court, on 25.10.2023 despite non-presence of
the appellants, on perusing the papers ordered issuance of notice to respondents. Till this date, the appellants have not taken steps for issuance of notice to respondents.
There is no representation for the appellants in the morning as well as in the afternoon. It appears that the appellants are not interested in prosecuting the appeal. Hence, the appeal stands dismissed for non-prosecution.
Sd/-
JUDGE
Sd/JUDGE
MPK CT:BR List No.: 1 Sl No.: 7
2 provisions across 1 enactments
Sri Late Thippanna alias Thippeswamy (by his LRs Smt. Jayamma and others)
Sri G.T Bommai
Sri G.T Veeranna
Sri Late Siddaroodappa (by his LRs)
Veerabhadrappa
Smt. Savakka
S.G. Pandit
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
