Regular second appeal against a decree in a partition suit. Counsel sought time to bring the deceased sole respondent's legal representatives on record but never filed the application, so the appeal was dismissed as abated.
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.
NC: 2024:KHC:22558 RSA No. 1763 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1763 OF 2018 (PAR)
BETWEEN:
S/O LATE H.SHIVAJI RAO, AGED ABOUT 49 YEARS, R/AT SAVITHRI NILAYA, K.NO.398/7943, 8TH CROSS, BAPUJI NAGARA, SHIVAMOGGA DISTRICT-577201.
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
SHIVAMOGGA DISTRICT-577301.
R/AT ANUGRAHA NILAYA, H.NO.F-108, J.H.PATEL BADAVANE, SHIVAMOGGA DISTRICT-577201.
…APPELLANTS
(BY SRI. SHANKARANARAYANA BHAT, ADVOCATE)
AND:
…RESPONDENT
(BY SRI. SHAIKH SAOUD, ADVOCATE FOR C/R1)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 26.06.2018 PASSED IN R.A.NO.43/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, ALLOWING THE APPEAL SETTING ASIDE THE JUDGEMENT AND DECREE DATED 28.06.2017 PASSED IN O.S.NO.18/2013 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, BHADRAVATHI.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants prays time on 22.01.2020 to file necessary application to bring the legal representatives of the deceased sole respondent on record and this Court granted two weeks time and till date, the counsel has not filed application. Hence, appeal is dismissed as abated.
Sd/JUDGE
RHS List No.: 1 Sl No.: 8
1 provisions across 1 enactments
SATHYANARAYANA
JANARDHAN
SMT. MANJULA @ HEMALATHA
SMT. BABY
RUKMINI @ DHARITHI
SMT. SUSHEELA BAI @ SUSHEELAMMA
H.P.SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
