This appeal was dismissed for non-prosecution as the parties failed to file the required paper book by the stipulated date. No merit of the appeal was considered due to the procedural default.
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:43426-DB RFA No. 425 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 425 OF 2022 (PAR)
BETWEEN:
SMT. GAYATHRAMMA W/O H.R NARAYAN SINCE DEAD BY LRS
Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT HOMMARAGALLI VILLAGE MANANDAVADI MAIN ROAD HAMPAPURA HOBLI, H.D KOTE TALUK-571 125.
…APPELLANTS
(BY SRI. SUNIL K.N, ADVOCATE - ABSENT)
AND:
BOTH ARE R/AT PARASAIAHNA HUNDI SRIRAMPURA POST, KASABA HOBLI MYSURU DISTRICT-570 001.
…RESPONDENTS
(BY SRI. MOHAN B.K, ADVOCATE FOR R1 – ABSENT SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R2 – ABSENT SRI. CHANDRAKANTH R. GOULAY, ADVOCATE FOR R3 – ABSENT )
THIS RFA IS FILED UNDER SECTION 96 OF CPC. 1908 AGAINST THE ORDER DATED 15.12.2021 PASSED ON I.A. NO.IV IN OS.No. 281/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUGE, AND CJM, MYSURU, ALLOWING THE I.A.NO.IV FILED UNDER ORDER VII RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE RAJESH RAI K
NC: 2024:KHC:43426-DB RFA No. 425 of 2022
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
There is no representation for the parties.
Office noting reveals as ‘Dismissal of the appeal for non
filing of paper book vide order dated 24.09.2024’.
Keeping in view the office noting, it is deemed
appropriate to state that this appeal is dismissed for non-prosecution .
Sd/(K.SOMASHEKAR) JUDGE
Sd/(RAJESH RAI K) JUDGE
HKV List No.: 2 Sl No.: 4
SMT. GAYATHRAMMA W/O H.R NARAYAN SINCE DEAD BY LRS..............................................................................................................
SRI. P.T RAMACHANDRAIAH @ SWAMY S/O LATE THIMMAIAH AGED ABOUT 63 YEARS
SRI P.T SRINIVASA S/O LATE THIMMAIAH AGED ABOUT 57 YEARS
SMT. ALMELLAMMA W/O SRINIVAS AGED ABOUT 61 YEARS
K. SOMASHEKAR
RAJESH RAI K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
