Regular first appeal against dismissal of a suit for partition and separate possession. The appeal was dismissed for non-prosecution as the appellants did not appear and failed to file the paper book.
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NC: 2024:KHC:34557-DB RFA No. 789 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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. 789 OF 2012 (PAR)
BETWEEN:
SHIMOGA CITY
DIST SHIMOGA 563405
AGED ABOUT 29 YEARS
Digitally signed by BHARATHI S
Location: HIGH COURT OF KARNATAKA
SAPTAGIRI NILAYA
2ND CROSS KIRTHINAGAR SHIMOGA CITY
DIST SHIMOGA 563405
…APPELLANTS
(BY SRI. S B HEBBALLI &.,ADVOCATE)
AND:
SHRI HAMPI VIRUPAKSHA COMPLEX, NEAR JAIL CIRCLE, DURGIGUDI SHIMOGA CITY DIST SHIMOGA 563405
S/O N G SHEKHARAPPA AGED ABOUT 65 YEARS SHRI PAMPA NILAYA 2ND FLOOR, NEAR JAIL CIRCLE JAIL ROAD, DURGIDUI, SHIMOGA CITY DIST SHIMOGA 563405
HOUSE NO 78, 8TH MAIN AVALAHALLI BDA LAYOUT BANASHANKARI 3RD STAGE, BANGALORE 560085
…RESPONDENTS
(BY SRI. PRASAD B S.,ADVOCATE FOR R1 SRI. C N KAMATH, ADVOCATE FOR R2 R3,R4,R6,R7 & R8 ARE SERVED APPEAL AGAINST R5 & R9 IS DISMISSED V/O DTD 13.08.2024 NOTICE TO R10-R15 DISPENSED WITH V/O DTD 12.07.2013)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 6.2.2012 PASSED IN O.S.NO.75/2005 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & CJM, SHIMOGA, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION 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)
On 13.8.2024, the following order was passed:
“There is no representation on behalf of the appellant.
Since steps have not been taken in respect of respondent Nos.5 and 9, appeal as against respondent Nos.5 and 9 stands dismissed.
Finally, two weeks time is granted to file paper book, failing which, list on 28.08.2024.“
against unserved respondent Nos.5 and 9, appeal as against respondent Nos.5 and 9 stood abated by order dated 13.8.2024. It appears, the appellants are not interested in prosecuting the appeal. The appeal is dismissed for non prosecution.
Sd/(S.G.PANDIT) JUDGE
Sd/(C.M. POONACHA) JUDGE
ND
List No.: 1 Sl No.: 6
G P Ravi
Smt G P Rajani
G Basavarajappa
G Jayadeva
G S Omkarappa
Smt G S Girijamma
S.G.Pandit
C.M. Poonacha
As recorded by the court registry
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