Regular second appeal in a partition matter dismissed because the appellants, despite receiving the file with NOC after their counsel's retirement nearly two years earlier, took no steps to engage new counsel, showing disinterest in prosecuting the appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 367 OF 2019 (PAR)
BETWEEN:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT HIREKOGALURU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 002.
(BY SMT. BASAMMA, SRI. T.R. MOHAN KUMAR AND SRI. T.R. MALLIKARJUNA, ADVOCATES)
…APPELLANTS
AND:
NC: 2024:KHC:24548 RSA No. 367 of 2019
2ND CROSS, BHADRAVATHI, SHIVAMOGA DISTRICT - 577 201.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.03.2018 PASSED IN R.A.NO.57/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.4.2015 PASSED IN O.S.NO.9/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant’s counsel has filed a memo of
retirement stating that he has given NOC along with entire file to appellant No.3, who was authorized on behalf of
other appellant’s to engage any other counsel in the above appeal.
Sd/JUDGE
JJ
List No.: 1 Sl No.: 23
1 provisions across 1 enactments
Smt Basamma W/o. Rudresh
Sri T R Mohan Kumar S/o. Rudresh
Sri T.R. Mallikarjuna S/o. Rudresh
Smt Leela W/o. Chandrappa
Smt Renuka @ Rasma W/o. Shabeer
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
