Regular First Appeal challenging dismissal of a suit for partition and separate possession was rejected because a two-week compliance order dated 08.02.2024 was not complied with; the appeal stood rejected on its own.
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 8TH DAY OF FEBRUARY, 2024
PRESENT
THE HON’BLE MR. JUSTICE KRISHNA S DIXIT AND
THE HON’BLE MR. JUSTICE G BASAVARAJA
REGULAR FIRST APPEAL NO.689 OF 2023
BETWEEN:
SMT. V R BANU W/O SHRI N H DUGGEGOWDA AGED 45 YEARS D/O V P RAYAPPA GOWDA @ RAYAGOWDA OCCUPATION: Home MAKER (HOUSE WIFE) R/AT NANDIPURA VILLAGE NANDIPURA POST MUDIGERE TALUK CHIKKAMAGALURU DISTRICT.
..APPELLANT
(BY SHRIYUTHS. G.S.BHAT, C. SADASHIVA AND ADITYA BHAT, FOR G.S.BHAT AND ASSOCIATES, ADVOCATES)
AND:
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RFA.No.689/2023 3
CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT. 7. SMT. B.J.NARTHANA W/O V.R.SANDEEPA AGED 32 YEARS COFFEE PLANTER R/AT: VALAGERAHALLI HALASUMANE POST CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT 8. V.N.RAGHU S/O NINGEGOWDA AGED 37 YEARS R/AT: VALAGERAHALLI HALASUMANE POST VASTHARE HOBLI CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT. 9. V.N.THAMMANA GOWDA S/O NANJEGOWDA AGED 40 YEARS R/AT: VALAGERAHALLI HALASUMANE POST VASTHARE HOBLI CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT 10. B.JAGADISHA S/O BYREGOWDA AGED 60 YEARS R/AT: VIDHYANAGARA MUDIGERE, MUDIGERE TALUK CHIKKAMAGALURU DISTRICT 11. ARAVINDA SAKALECHA S/O C.CHUNNILAL AGED 37 YEARS R/AT CHAMUNDI NIVAS AGASARA BEEDHI
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CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT 12. C.C.ANIL KUMAR S/O C.CHUNNILAL AGED 35 YEARS R/AT CHAMUNDI NIVAS AGASARA BEEDHI CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT
….RESPONDENTS
This Regular First Appeal filed Under Sec. 96 R/W Order 41 Rule 1 of CPC, against the Judgment and Decree dated 15.02.2022 passed in O.S.No.120/2017 on the file of the I ADDITIONAL SENIOR CIVIL JUDGE, CHIKKAMAGALURU, dismissing the suit for partition and separate possession.
This Regular First Appeal is coming on for Order this day, the Court made the following:
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O R D E R
Two weeks time is granted for compliance, failing which,
the appeal stands rejected on its own.
Sd/JUDGE Sd/JUDGE
NOTE: Court Order dt.08.02.2024, not complied with. Hence Appeal stands rejected.
COPY
Sd/ASSISTANT REGISTRAR T By: BR R By: RM C By: STE
2 provisions across 1 enactments
Smt. V R Banu
V P Rayappagowda @ Rayagowda
Smt. M.B. Shanthamma
Smt. V.R. Brunda
Smt. V.R. Bharathi
Smt. V.R. Bhagya
Krishna S Dixit
G Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
