Regular Second Appeal dismissed for non-prosecution and failure to incur process fee and arrange notice services after granted time limits.
Appeal stands dismissed for non-prosecution and not taking steps.
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JANUARY, 2020
BEFORE
THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
REGULAR SECOND APPEAL No.200062/2015
Between:
Tq. Basavakalyan, Dist. Bidar-585327
Tq. Basavakalyan, Dist. Bidar-585327
... Appellants
(By Sri Prakash R. Kulkarni, Advocate)
RSA No.200062/2015
2
And:
Sangappa S/o Veerbhadrappa Jairobe Since deceased by LR i.e. Respondent No.1.
... Respondent
This Regular Second Appeal is filed under Section 100 of CPC, praying to allow the regular second appeal, call for the records and set aside the judgment and decree passed by the Senior Civil Judge Basavakalyan in R.A.No.68/2004 dated 03.11.2014 confirming the judgment and decree passed by the Civil Judge (JD) & JMFC Basavakalyan in O.S.No.92/1990 dated 28.06.2004 and thereby decree the suit of the appellants.
This appeal coming on for orders this day, the Court made the following:
ORDER
Counsel for the appellant absent. In this matter of the year 2015, till date it appears that the appellants have not taken steps to ensure the service of notice upon the respondent, though the notice was ordered on 17.04.2019.
RSA No.200062/2015
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On 07.01.2020, this Court had granted as finally
a week’s time to do the needful. Despite the same, as per the endorsement by the Registry, the appellants have not furnished process fee, cover, acknowledgement, etc. for issuing notice to the respondent. Hence, it has to be inferred that the appellants are not inclined to prosecute the appeal and have not taken steps. Accordingly, appeal stands dismissed for not taking steps and also for nonprosecution.
Sd/JUDGE
swk
Basavaraj @ Basanna S/o Shankrappa & Ors.
Basavaraj S/o Sangappa Jairobe
H.B. Prabhakara Swamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
