Regular first appeal against a partial decree for partition and separate possession. The sole appellant died and his legal representatives failed to take steps, so counsel filed a memo seeking dismissal; the court dismissed the appeal as abated.
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:31560-DB RFA No. 1861 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH 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. 1861 OF 2010 (PAR)
BETWEEN:
ERANAIKA S/O KALLANAIKA AGED ABOUT 60 YEARS R/O K.HUNASAVALLI VILLAGE HARATHALU POST HOSANAGARA TALUK SHIMOGA DISTRICT-577202.
…APPELLANT
(BY SRI. MAHESH R UPPIN, ADV.)
AND:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
KOLLURANAIKA S/O KALLANAIKA DEAD BY HIS LRS
ALL ARE R/AT K.HUNASAVALLI VILLAGE HARATHALU POST HOSANAGARA TALUK SHIMOGA DISTRICT-577202.
THIS APPEAL IS FILED UNDER SECTION 96, OF CPC, AGAINST THE JUDGMENT AND DECREE DATED19.08.2010 PASSED IN O.S.18/2008 ON THE FILE OF THE SENIOR-ADDL. CIVIL JUDGE, AND JMFC., SAGAR, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR HEARING, 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)
Learned counsel for the appellant files a memo dated
02.08.2023, which reads as follows:
“ In the above appeal registered notice sent to the sole appellant returned with a shara “appellant dead and hence returned”. In view of the said fact the above appeal stands abated as the LRs failed to come and take steps to LRs application. Hence, the above appeal may kindly be ordered to be dismissed as abated in the interest of justice.”
In terms of the above memo, the appeal stands
dismissed as abated.
Sd/(S.G.PANDIT) JUDGE
Sd/(C.M. POONACHA) JUDGE
MPK CT:bms List No.: 1 Sl No.: 45
1 provisions across 1 enactments
Eranika S/o Kallanaika
Chanappa S/o Ramanaika
Kamalakshmamma W/o Kollur Naika
Vedesha S/o Kollur Naika
Suresha Kumar S/o Kollur Naika
Gayatri D D/o Kollura Naika
S.G.PANDIT
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
