Regular first appeal against dismissal of a partition suit. Respondents 1 and 4 died during pendency and the appeal against them abated. The appellant failed to pay process fee for notice to respondents 2 and 3 or file paper books; the appeal was dismissed for non-prosecution.
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NC: 2024:KHC:33457-DB RFA No. 532 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH 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. 532 OF 2014 (PAR)
BETWEEN:
S.M RAVINDER KUMAR S/O S.R.MURALIDHAR, AGED ABOUT45 YEARS, R/O NO.F-103, MITTAL TOWERS, NO.6, M.G.ROAD, BANGALORE-560001.
…APPELLANT
(BY SRI. B M ARUN .,ADVOCATE FOR APPELLANT IS ORDERED TO BE DELETED V/O DTD 20.08.2024 SRI S M RAVINDER KUMAR, APPELLANT(ABSENT))
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
AND:
AGED ABOUT 43 YEARS, R/O FLAT NO.10, 2ND FLOOR, SANKEY ROAD, BASHYAM CIRCLE, SADASHIVANAGAR, BANGALORE.
…RESPONDENTS (BY SRI. KARTHIK REDDY C, ADVOCATE FOR SRI. C VINAY SWAMY .,ADVOCATE FOR R1 & R4 HAS FILED MEMO IN RFA 950/2013 IN COURT REPORTING DEATH OF SAID RESPONDENTS AND APPEAL AGAINST R1 AND R4 STANDS ABATED R2 & R3 UNSERVED)
THIS RFA IS FILED U/SEC.96, R/W O.41, R-1 & 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.01.2014 PASSED IN O.S.8716/2000 ON THE FILE OF THE I-ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION 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)
Learned counsel for respondent Nos.1 and 4 submits that respondent Nos.1 and 4 died during the pendency of the appeal.
respondent Nos.2 and 3 in terms of order dated 4.2.2019. Paper books are also not filed. It appears, the appellant has no interest in prosecuting the appeal. The appeal is dismissed for non prosecution.
Sd/(S.G.PANDIT) JUDGE
Sd/(C.M. POONACHA) JUDGE
List No.: 1 Sl No.: 0
ND
1 provisions across 1 enactments
S.M Ravinder Kumar
S.R. Muralidhar
S.M.Vijayanand
S.Srinivasan
Smt. Shantha Muralidhar
S.G.Pandit
C.M.Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
