Regular first appeal against dismissal of a partition suit. No counsel appeared for appellants, no steps were taken to serve notice on respondents for eight years, and the appeal was dismissed for non-prosecution.
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NC: 2024:KHC:36947-DB RFA No. 572 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2024 PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 572 OF 2015 (PAR)
BETWEEN:
BANGALORE RURAL DISTRICT-562114.
Digitally signed by MARIGANGAIAH PREMAKUMARI
Location: HIGH COURT OF KARNATAKA
(BY SRI. RAMESH G. N., ADV.-ABSENT)
AND:
…APPELLANTS
S/O LATE NANJUNDAPPA, AGED ABOUT 68 YEARS, NADAVATHI VILLAGE, HOSKOTE TALUK, BANGALORE RURAL DISTRICT-562114.
R2 AND R3 ARE R/AT NO.11/2, RAMAIAH REDDY COMPOUND, CHELLAGHATTA, RING ROAD, DOMLUR, BANGALORE-560071.
…RESPONDENTS
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.03.2014 PASSED IN O.S NO.1224/2009 ON THE FILE OF FAST TRACK COURT - III, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE SUIT FOR PARTITION.
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)
None appeared for the appellants in the morning as
well as in the afternoon.
29.08.2018. Till this date, steps are not taken for service
of notice on respondents. Further, cause title is not
amended in terms of the order dated 29.08.2018.
notice on respondents for the last 8 years, we are of the considered opinion that the appellants are not interested in prosecuting the appeal.
prosecution.
SD/(S.G.PANDIT) JUDGE
SD/(C.M. POONACHA) JUDGE
NC CT:bms List No.: 1 Sl No.: 18
1 provisions across 1 enactments
Yellamma W/o Muniyappa
Nanjappa N S/o Late Nanjundappa
Narayanappa S/o Late Nanjundappa
Raghava Reddy S/o Ramaiah Reddy
Dasharatha Reddy S/o Ramaiah Reddy
S.G.Pandit
C.M.Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
