The appellant, absent, filed a regular first appeal filed under Section 96 of CPC against a judgment dismissing a partition suit. The court noted the lack of appearance and refused to adjourn, dismissing the appeal.
The appeal was dismissed due to the non-appearance of the appellant and refusal to adjourn.
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 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 1310 OF 2011 (PAR)
BETWEEN:
R AKKAIAMMA @ VIJAYALAKSHMI, W/O LATE NARAYANA MURTHY, D/O LATE T C RANGASWAMAPPA, AGED ABOUT 61 YEARS, R/AT NO.33/1, JORIPET, CHIKKANNAMMA TEMPLE STREET, BANGALORE - 560 002, PRESENTLY R/AT NO.12, UPSTAIRS, 14TH CROSS, CUBBONPET, BANGALORE - 560 002.
…APPELLANT
(BY SRI R AKKAIAMMA @ VIJAYALAKSHMI, APPELLANT (ABSENT))
AND:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
S/O LATE R DHRUVANARAYANA AGED ABOUT 32 YEARS RESPONDENTS 2 AND 3 ARE R/AT NO.31, 13TH CROSS, CUBBONPET,
BANGALORE-560002, PRESENTLY R/AT 518 3RD CROSS, SRINAGARA, BANGALORE-560050.
W/O SHIVAKUMAR, D/O LATE R DHRUVANARAYANA, AGED ABOUT YEARS R/AT 518, 7TH MAIN SRINAGARA, BANGALORE- 560050.
S/O T C RANGASWAMAPPA, AGED ABOUT 65 YEARS, R/AT NO.1971, DEVANGA ROAD, NELAMANGALA, BANGALORE RURAL DISTRICT, PRESENTLY R/AT R VISWANATH, C/O G GANGARAJU WEAVERS COLONY, LAST HOUSE OF YEELLAMMA NAGARA, NELAMANGALA.
…RESPONDENTS
(R1 - DEAD AS PER CAUSE TITLE, R3, R4, R6 ARE SERVED AND UNREPRESENTED, SRI S V MANJUNATH, ADVOCATE FOR R7)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.04.2011 PASSED IN O.S.116/2002 ON THE FILE OF THE XLIII-ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-44, BANGALORE, DISMISSING THE SUIT FOR THE PARTITION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
non-prosecution .
Sd/JUDGE
GVP List No.: 1 Sl No.: 4
1 provisions across 1 enactments
R Akkaiaamma @ Vijayalakshmi
Smt Padmamma
D Vijaya Kumar
D Srinivasa
D Hemavathi
R Viswanatha
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
