The regular first appeal for partition was dismissed for non-prosecution as the appellants failed to obtain instructions. Pending intra-appellate applications were dismissed as infructuous.
Appeal dismissed for non-prosecution; pending IAs dismissed as infructuous.
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 19TH 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. 29 OF 2019 (PAR)
BETWEEN:
Digitally signed by NANDINI R Location: High Court of Karnataka
(BY SMT. SRI VIDYA, ADVOCATE FOR SRI. T N VISWANATHA, ADVOCATE)
…APPELLANTS
AND:
NC: 2024:KHC:28057-DB RFA No. 29 of 2019
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 24.04.2017 PASSED IN O.S.NO.10241/1996 ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants states that despite her best efforts, she is unable to get the instructions from the appellants.
non-prosecution.
In view of dismissal of the main appeal, pending IAs
do not survive for consideration and the same are dismissed as infructuous.
Sd/JUDGE
Sd/JUDGE
NR/-
List No.: 1 Sl No.: 2
1 provisions across 1 enactments
SMT. G S SHARANYA
SRI G.S. DHARSHAN
SMT. R G PUSHPA
SMT. M. CHAYA RANI
SMT. R.G. LAKSHMIVARA
SRI R.G. MOHAN
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
