The High Court of Karnataka dismissed the regular first appeal filed against a decree for partition and separate possession, holding that the appeal stands dismissed for non-prosecution as the appellants failed to pay costs and failed to file paper books.
The appeal stands dismissed for non-prosecution due to failure to pay costs and file paper books.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2024 PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 1795 OF 2012 (PAR)
BETWEEN:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
ALL RESIDING AT ATTIVATTA VILLAGE, JADIGENAHALLI HOBLI, DASARAHALLI POST, HOSKOTE TALUK-562114, BANGALORE RURAL DISTRICT.
…APPELLANTS
(BY SRI. H K SINGH & SMT. RANI, ADV.-ABSENT)
AND:
SMT. A ANJANAMMA D/O SRI.T.ANJINAPPA, W/O SRI.K.VENKATESH, AGED ABOUT 33 YEARS, R/AT ABBENAHALLI VILLAGE,
NC: 2024:KHC:33686-DB RFA No. 1795 of 2012
MADIVALA POST, KASABA HOBLI, MALUR TALUK-563130, KOLAR DISTRICT.
…RESPONDENT
(BY SRI. P LAKSHMINARAYANA, ADV. AND SRI K VENKATA REDDY, ADV.-ABSENT)
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.08.2012 PASSED IN O.S.1027/2011 ON THE FILE OF THE PRESIDING OFFICER, FTC-II, BANGALORE RURAL DISTRICT, BANGALORE, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
AND HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
None appears for the appellants in the morning as
well as in the afternoon.
the appellants, peremptorily two weeks time was granted for compliance, on payment of cost.
NC: 2024:KHC:33686-DB RFA No. 1795 of 2012
appellants. Finally, two weeks time was granted to file
paper books. Paper books also not filed.
Sd/(S.G.PANDIT) JUDGE
Sd/(C.M. POONACHA) JUDGE
MPK CT:bms List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the appeal stands dismissed for non-prosecution due to lack of cost payment and non-filing of paper books.
SRI. T ANJINAPPA S/O LATE SRI.THAYAPPA, 2. SRI A SHIVASHNAKAR S/O SRI.T.ANJINAPPA, 3. SRI A MUNEGOWDA S/O SRI.T.ANJINAPPA
SMT. A ANJANAMMA D/O SRI.T.ANJINAPPA
S.G.PANDIT
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
