Regular first appeal against dismissal of a suit for partition and separate possession, pending admission since 2019. No counsel appeared for the appellant on the date of hearing or earlier; the appeal was dismissed for non-prosecution without any adjudication.
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NC: 2024:KHC:35775 RFA No. 402 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO.402 OF 2019 (PAR)
BETWEEN:
…APPELLANT
(BY SRI NAGENDRA SHETTY, ADVOCATE- ABSENT)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
AGED ABOUT 77 YEARS
4 TO 6 ARE RESIDING AT NO.7, 1ST MAIN, R P C LAYOUT, 2ND STAGE VIJAYANAGAR, BANGALORE-560040
MADAVARA VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE -562 162
12 TO 15 ARE RESIDING AT NO.205 18TH MAIN, SUBRAMANYANAGAR BANGALORE – 560 021
R16 TO R17 ARE RESIDING AT MAAVARA VILLAGE
DASANPURA HOBLI BANGALORE NORTH TALUK, BANGALORE DISTRICT-562 162.
19. SMT NIRMALA
D/O LATE CHIKKAMUNIYAMMA AGED ABOUT 56 YEARS R/AT K MALLASANDRA HOSAKOTE TALUK, BANGALORE RURAL DISTRICT BANGALORE -562 114
20 AND 21 ARE RESIDING AT NO.49, 3RD CROSS, 1ST MAIN, HOSAHALLI, VIJAYANAGAR, BANGALORE-560040
…RESPONDENTS
(BY SRI JAGADEESH BABU B N, ADVOCATE FOR R2; SRI T.GANESH, ADVOCATE FOR R7 TO R11 SRI A.BALAKRISHNAN, ADVOCATE FOR R12 TO R15;
SRI NEELAKANTAIAH, ADVOCATE FOR R18 TO R21; R1, R3, R4, 45, R6, R17 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 23.04.2021, NOTICE TO R16 IS HELD SUFFICIENT)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.11.2018 PASSED IN O.S.NO.4393/2003 ON THE FILE OF THE XLIII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Cased called twice. None appears for the appellant.
Even on the last date of hearing there was no representation on behalf of the appellant. Taking note of the fact that the appeal is of the year 2019 and yet to be admitted, appeal stands dismissed for non prosecution.
Sd/(V SRISHANANDA) JUDGE
MR
List No.: 1 Sl No.: 48
N PRAKASH S/O C NANJUNDAPPA
C PRAKASH S/O LATE CHIKKAMUNIYAPPA
C MANJUNATH S/O LATE CHIKKAMUNIYAPPA
SMT C LAKSHMAMMA W/O NATARAJ D/O LATE CHIKKAMUNIYAPPA
SMT GOWRAMMA W/O LATE CHIKKALAKSHMAIAH
SMT PREMA D/O LATE CHIKKALASHMAIAH
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
