An oral judgment of the High Court of Karnataka dated August 5, 2024, where the appeal arising from a partition suit dismissal was dismissed due to non-prosecution and non-compliance with a prior order.
The appeal was dismissed for non-prosecution.
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:31048 RFA No. 47 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 47 OF 2021 (DEC/PAR)
BETWEEN:
Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
APPELLANTS ARE RESIDING AT: CHIKKENAHALLI VILLAGE, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT
… APPELLANTS
(BY SRI. JAYANTHA H., ADVOCATE)
AND:
ALL RESPONDENTS ARE RESIDING AT: CHIKKENAHALLI VILLAGE, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT
… RESPONDENTS
(BY SRI. RAJANNA., ADVOCATE FOR R1, R3 TO R7 & R9)
NC: 2024:KHC:31048 RFA No. 47 of 2021
THIS RFA IS FILED UNDER SECTION 96 OF CPC READ WITH ORDER 41 RULE 1 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 14.07.2020 PASSED IN O.S.No.179/2014 (OLD OS.No.320/2010) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA, DISMISSING THE SUIT FOR PARTITION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
The order dated 08.12.2023 is not complied till
today. As such, the appeal stands dismissed for
non-prosecution.
Sd/(V SRISHANANDA) JUDGE
VGR
1 issue framed by the court
Whether the regular first appeal filed against the dismissal of the partition suit was prosecuted within the required time limits.
Smt. Channamma D/o Late Seeragowda
Smt Shivamma
Nagaraju
Savitaa
Smt. Kempamma
Honnegowda
V SRIISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
