Regular second appeal in a partition suit. The appellant died during pendency and no legal representative was brought on record, so the appeal abated. The High Court accordingly dismissed the appeal.
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 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.1408 OF 2014 (PAR)
BETWEEN:
SRI JAIKRISHNA, AGED 60 YEARS, S/O BOREGOWDA, R/AT KYATHANAHALLI VILLAGE, KASABA HOBLI, PANDAVAPURA TOWN, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 427.
…APPELLANT
[BY SRI RAMAN B.V., ADVOCATE (ABSENT)]
AND:
Digitally signed by GURURAJ D Location: High Court of Karnataka
NC: 2024:KHC:4364 RSA No. 1408 of 2014
…RESPONDENTS
[BY SRI RAJENDRA PRASAD B., ADVOCATE FOR R2 TO R7 (PH)]
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.07.2014 PASSED IN R.A.NO.134/2012 ON THE FILE OF III ADDL. DISTRICT & SESSIONS JUDGE, SITTING AT SRIRANGAPATNA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 22.09.2012
NC: 2024:KHC:4364 RSA No. 1408 of 2014
PASSED IN O.S.NO.24/2011 ON THE FILE OF THE CIVIL JUDGE (SR.DN) JMFC., & MACT, PANDAVAPURA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for respondents no.2 to 7 submitted that
he has instructions about death of appellant. However, perusal of order sheet would indicate that on 14.01.2022, 23.02.2022, 15.03.2023 and 29.05.2023 there has been no representation of appellant. This would indicate that appellant is not diligent in pursuing appeal. Hence, appeal is dismissed for nonprosecution.
Sd/JUDGE
GRD
List No.: 1 Sl No.: 32
1 provisions across 1 enactments
SRI JAIKRISHNA
SRI SHIVANANDA
ROOPA
CHIDANANDA
SIDDAMMA
PARAVATHAMMA
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
