This court rejected an appeal against a partition decree file. The Court took no opposition from the appeal after the appellant failed to instruct the court's case of prosecution within the first appeal, and thus, the appeal is dismissed for non-prosecution.
Appeal 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 633 OF 2023 (PAR/POS)
BETWEEN:
Digitally signed by HEMALATHA A Location: High Court of Karnataka
AGED ABOUT 37 YEARS
ALL ARE RESIDING AT NO 270
DODDAKANNELLI VILLAGE JANATHA COLONY, CARMELRAM POST VARTHUR HOBLI, BANGALORE EAST TALUK BANGALORE - 560035.
…APPELLANTS
(BY SRI. B C VENKATESH.,ADVOCATE)
AND:
RESIDING AT NO 154/1 (OLD NO 300) A.K. COLONY NEAR AYYAPPA TEMPLE 8TH BLOCK, KORAMANGALA VILLAGE BANGALORE – 560095.
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.11.2021 PASSED IN OS NO.5800/2017 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE. DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Learned counsel appearing for the appellants submits
that in spite of his best efforts, he is unable to get any
instructions from his clients to prosecute the appeal.
taken on record.
NC: 2024:KHC:4520 RFA No. 633 of 2023
prosecuting the appeal. Hence, the appeal is dismissed
for non-prosecution.
Sd/JUDGE
HA
List No.: 1 Sl No.: 12
SMT. SARASAMMA W/O LATE MUNISWAMAIAH AND OTHERS
SMT. M. SHRIDHEVI D/O MUNISWAMAIAH AND OTHERS
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
