Regular first appeal against a decree for partition and separate possession was rejected because the appellant failed to take steps in respect of a deceased respondent and to file the paper book, with no representation appearing on the day of hearing.
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NC: 2024:KHC:32882-DB RFA No. 522 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 522 OF 2014 (PAR)
BETWEEN:
HANUMANTHE GOWDA S/O LATE NANJUNDEGOWDA AGED ABOUT 71 YEARS, R/AT POST OFFICE ROAD, YELWALA, MYSORE-16
…APPELLANT
(BY SRI. NARENDRA D V GOWDA., AND SRI RAMESH B M, ADVOCATE (ABSENT))
AND:
SHIVAMMA
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
W/O LATE SUBBEGOWDA SINCE DEAD BY LRS
S/O LATE SUBBEGOWDA AGED ABOUT 53 YEARS,' R/AT NO.274, DODDABEEDHI, BELAGOLA, S.R.PATNA TALUK MANDYA DISTRICT 571438
JAYAMMA
W/O LATE SINCE DEAD BY LRS
JANAKAMMA
W/O LATE LAKSHME GOWDA SINCE DEAD BY LRS
W/O RAVISHA AGED ABOUT 50 YEARS, BRAHMINS BEEDHI, SALIGRAMA , K.R.NAGARA TALUK MYSORE DISTRICT 570028
W/O NAGENDRA AGED ABOUT 47 YEARS, R/AT K.PUTTASWAMY STREET, MAHADEVA S.R.PATNA TALUK 571438
D/O LAKSHMANE GOWDA AGED ABOUT 45 YEARS, R/AT HARALIMARADA ROAD, COORGAHALLI MYSORE 570008
…RESPONDENTS
(BY SRI. D SHESHADRI, ADVOCATE FOR R1 TO R3 AND R5 TO R8
SRI. BASAVARAJU, ADVOCATE FOR R1, R3 TO R13 V/O DTD 25.8.2015 APPEAL AGAINST R12 DISMISSED V/O DTD 24.4.2023 APPEAL ABATES QUA R9 R14 SERVED)
THIS RFA IS FILED UNDER SEC 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 10.12.2013 PASSED IN O.S.NO.503/2009 ON THE FILE OF THE IV-ADDL. SENIOR CIVIL JUDGE, MYSORE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION WITH COSTS AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
By order dated 22.2.2023 eight weeks time was granted to file paper book and two weeks to take steps in respect of deceased respondent No.9. Thereafter, on 24.11.2024 when the matter was listed, none appeared for the appellant and time was extended for filing paper book observing that appeal abates against respondent No.9. Today also there is no representation for the appellant in the morning session as well as in the afternoon session.
NC: 2024:KHC:32882-DB RFA No. 522 of 2014
Sd/(S.G.PANDIT) JUDGE
Sd/(C.M. POONACHA) JUDGE
ND List No.: 1 Sl No.: 7
1 provisions across 1 enactments
Hanumanthe Gowda
Shivamma (since dead by LRs)
Manju
Ramesh
Geetha
Deveeramma
S.G. PANDIT
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
