Shashikla F Patil D/O Fakkiragouda Patil, v. Fakkiragouda B Patil
Case brief
What is this about?
Abatement of regular first appeal; suit for partition and declaration (O.S.No.99/2013, Principal Senior Civil Judge & CJM, Dharwad, decree dated 27.11.2015); Section 96 CPC, Order 41 Rule 1 CPC, Section 151 CPC; non-representation of appellants; reliance on Suresh Chandra (Deceased) through LRs vs Parasram, 2025 INSC 873 (SC); Karnataka High Court, Dharwad Bench, DB (R. Devdas & B. Muralidhara Pai, JJ.); both RFA No.100076/2016 (dismissed as abated) and RFA No.100092/2016 (dismissed) decided 01.12.2025.
What did the court decide?
Having regard to the recent judgment of the Hon'ble Supreme Court of India in Suresh Chandra (2025 INSC 873), and since the appeal arises from a suit for partition and declaration, RFA No.100076/2016 is dismissed as abated. ¶420