The High Court dismissed the first appeal for non-prosecution upon the appellant's counsel filing a memo stating he had no instructions and the appellant could not be contacted.
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,
DHARWAD BENCH
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 3083 OF 2010 (RES)
BETWEEN:
SRI. K. THIPPANNA @ THIPPESWAMY S/O.LATE SURAPPA, AGE: MAJOR, OCC: AGRILCULTURE, R/O.POOJARI STREET, 21ST WARD, MAIN BASAR, HOSPETH, DIST: BELLARY.
…APPELLANT
(BY SRI. V.M.SHEELVANTH, SRI. V.S.KOUJALGI AND SRI. M.M. BYAIYAPUR, ADVOCATES)
AND:
ASHPAK KASHIMSA MALAGALADINNI
Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(R2-SERVED)
THIS RFA IS FILED U/SEC.96 R/W. O.41 RULE 1 OF CPC., PRAYING TO SET ASIDE THE ORDER DATED 06.07.2010 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC., HOSPETH, IN F.D.P NO. 8/2006, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Learned counsel for the appellant files a memo along
with notice sent to the appellant. The postal receipt as well as the service report available on the website is enclosed. It is stated that the appellant could not be contacted.
Learned counsel for the appellant further submits
that he has no instructions.
Memo is taken on record.
Appeal is dismissed for non-prosecution.
Sd/(ANANT RAMANATH HEGDE)
JUDGE
gab CT:ANB List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution?
1 provisions across 1 enactments
Sri. K. Thippanna @ Thippswamy
Ashpak Kashimsa Malagaladinni
Smt. C. Varalakshmi
H. Sajjad
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
