Regular First Appeal against a 2008 decree for partition and separate possession. No representation for the appellant on two dates and court notice showed the parties were not residing at the given address. The appeal was dismissed for non-prosecution.
Appeal dismissed for non-prosecution; decree under appeal stands undisturbed.
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: 2026:KHC:33544 RFA No. 918 of 2008
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 918 OF 2008 (PAR)
BETWEEN:
SRI M KRISHNAPPA S/O LATE MUNIYAPPA AGED ABOUT 62 YEARS R/AT NO.635 AND 636 2ND MAIN, HEBBAL BANGALORE - 560 024.
…APPELLANT
(BY SRI. AMARESH ANGADI.,ADVOCATE (ABSENT))
AND:
Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka
HC-KAR
ALL ARE RESIDING AT; NO.635 AND 636 2ND CROSS, HEBBAL BANGALORE - 560 024.
BANGALORE - 560 024.
BANGALORE - 560 024.
…RESPONDENTS
(BY SRI. R. BHADRINATH, ADVOCATE FOR R-1 TO R-5; SRI. P.N. NARAYANA SWAMY, ADVOCATE FOR R-8; R-6, R-7 AND R-9 SERVED, UNREPRESENTED)
HC-KAR
THIS RFA IS FILED U/S 96 OF THE CPC R/W ORDER 41 RULE 1 OF THE CPC AGAINST THE JUDGEMENT AND DECREE DT. 5.6.08 PASSED IN OS NO.6457/04 ON THE FILE OF THE XXXVIII ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
It is noted that on the earlier date i.e., 27.02.2025, none appeared for the appellant. The Court notice report received from the Registrar, City Civil Court, Bengaluru indicates that ”the appellant and respondent Nos.1 to 9 are not residing at the given address". Even today i.e., 06.07.2026, there is no representation on behalf of the appellant.
Sd/-
_____________________ JUSTICE K.S. HEMALEKHA
PHM/List No.: 1 Sl No.: 1
2 provisions across 1 enactments
Sri M Krishnappa S/o Late Muniyappa
Sri N Dinesh S/o Late Narayana
Smt Rathnamma W/o Late Narayana
Sri Mahesh S/o Late Narayana
Sri Madhusudhana S/o Late Narayana
Smt Anuroopa D/o Late Narayana
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
