Regular first appeal against a decree for partition and separate possession in a Tumakuru suit. No representation appeared for the appellants on two consecutive hearings, and the High Court dismissed the appeal for default and non-prosecution.
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NC: 2024:KHC:28878-DB RFA No. 1471 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI REGULAR FIRST APPEAL NO. 1471 OF 2020 (PAR/POS)
BETWEEN:
PRESENTLY RESIDING AT : DURGA NIVAS, ODAMPULLY ROAD, THOPPUMPADY, KOCHI, KERALA - 682 005.
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
THE APPELLANT NO.1 REPRESENTED BY ITS GPA HOLDER, SRI. V N KAMATH , S/O. H V KAMATH, AGED ABOUT 66 YEARS, RESIDING AT DURGA NIVAS,
ODAMPULLY ROAD, THOPPUMPADY,
KOCHI, KERALA - 682 005.
…APPELLANTS
(BY SMT. BHAGEERATHI L., ADVOCATE (ABSENT) SMT. CHAITANYA V. JOSHI, ADVOCATE FOR A2 (ABSENT) (NOC NOT OBTAINED)
AND:
…RESPONDENTS
(BY SRI.V.B. SIDDARAMAIAH, ADVOCATE FOR R1)
THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W. SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.02.2020 PASSED IN OS NO.270/14 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., TUMAKURU DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE C M JOSHI
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE V KAMESWAR RAO)
There is no representation for the appellants even on the second call. Even there was no appearance for the appellants on the last date of hearing i.e., on 10.06.2024. As such, the appeal is dismissed for default and nonprosecution.
sd/JUDGE
sd/JUDGE
KGR* List No.: 1 Sl No.: 6
1 provisions across 1 enactments
Smt. Radha Bai
Smt. Asha Namdev Kamath
Smt. Padmini Kini
Sri. K. Ravindranath Kini
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
