The High Court of Karnataka dismissed a regular second appeal filed under Section 100 CPC because the appellant failed to take necessary steps to prosecute the appeal. The court held that due to inaction, the appeal abated in its entirety.
The regular second appeal was dismissed abatement.
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.
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BEFORE
THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY REGULAR SECOND APPEAL NO.1426 OF 2013 (DEC)
BETWEEN:
SRI. ROSHAN ZAMEER SON OF LATE SABJAN SAB, AGED ABOUT 56 YEARS, RESIDING AT NO.1202/1, FORT, CHANNAPATNA TOWN, RAMANAGARAM DISTRICT-562 160.
...APPELLANT
(BY SRI. SHANKAR REDDY, ADVOCATE)
AND:
ALL ARE RESIDENTS OF FORT, CHANNAPATNA TOWN-562160, RAMANAGARAM DISTRICT.
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RESPONDENTS 4 AND 5 ARE RESIDING AT NO.1202, FORT, CHANNAPATNA-562160, RAMANAGARAM DISTRICT.
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RESPONDENTS 10 TO 12 ARE RESIDING AT NO.1202, FORT, CHANNAPATNA-562160, RAMANAGARAM DISTRICT.
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SHIVAJI NAGAR, BENGALURU-560051.
(BY SRI. SHAIK ISMAIL, ADVOCATE FOR R1; VIDE ORDER DATED 08.08.2018 APPEAL ABATES QUA R2 TO R5; R6 – SERVED; VIDE ORDER DATED 17.11.2017 APPEAL DISMISSED AGAINST R7 TO R9, R11 TO R13, R15 AND R17; R10, R14, R16 AND R18 ARE SERVED)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 11.09.2012 PASSED IN R.A. NO.133/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNAPATTANA, RAMANAGAR DISTRICT, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.11.2009 PASSED
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IN O.S.NO.132/1989 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR. DN.) & JMFC, CHANNAPATNA.
THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by defendant No.3(b) in O.S. No.132/1989 challenging the Judgment and Decree dated 11.09.2012 passed by the Court of Senior Civil Judge and JMFC., Channapattana, Ramanagar District, in R.A. No.133/2012 concurring with the Judgment and Decree dated 30.11.2009 passed by the Court of the Additional Civil Judge (Jr.Dn.), Channapatna, in O.S.NO.132/1989.
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Sd/JUDGE
sma
2 issues framed by the court
Whether the regular second appeal filed under Section 100 of the Civil Procedure Code can be decided on merits after the appellant failed to pursue the appeal diligently.
Whether a regular second appeal abates if the appellant fails to take necessary steps to enable the hearing or continuation of the proceedings.
Sri. Roshan Zameer
Sri. Nazeer Ahmed
Sri. Noor Ahmed
Sri. Nissar Ahmed
Sri. Iqbal
Sri. Mohamed Hayath
Nataraj Rangaswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
