This Regular Second Appeal was restored to file by a preceding order granting a last opportunity. The appellant failed to appear or file representation on the date fixed for hearing, prompting dismissal under non-prosecution.
Appeal dismissed for non-prosecution after appellant failed to comply with summons despite restoration.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S. INDIRESH
REGULAR SECOND APPEAL NO.638 OF 2010
BETWEEN:
M A Ponnappa Since dead by his LRs.
1a. M R Chembavva @ Indira W/o late Aiyanna Aged about 64 years Konanjageri Village Parane Post Madikeri Taluk Kodagu District-571 201.
1b. M P Sajan Ayippa S/o late M Aiyanna Aged about 64 years Konanjageri Village Parane Post Madikeri Taluk Kodagu District-571 201.
Represented by the Spl. Power of Attorney Holder Sri M J Nanaiah S/o late Joyappa Aged about 58 years Konanjageri Village Parane Post Madikeri Taluk Kodagu District-571 201.
…Appellants
(by Sri B A Machaiah, Advocate)
2
AND:
B M Ponnappa
Since dead by his LRs.
…Respondents (by Sri S Basavaraj and Sri Kiran Kumar M S Advocate for C/R1, R2 and 3)
This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 08.01.2010 passed in RA No.91 of 2005 on the file of the Civil Judge (Sr.Dn) Madikeri, dismissing the appeal and confirming the judgment and decree dated24.09.2005 passed in OS.No.19 of 1997 on the file of the Additional Civil Judge (Jr. Dn) Madikeri.
This Appeal coming on for orders, this day, the court delivered the following:
3
J U D G M E N T
No representation on behalf of the appellant. This
Court, by order dated 14.06.2011 granted conditional order and same was not complied with and accordingly, dismissed the appeal for non compliance of office objections and thereafter, the appeal was restored on 09.12.2011. Again on 04.10.2016, this Court dismissed the appeal for non prosecution as there was no representation on behalf of the appellant and thereafter, the appeal was restored on file and thereafter, no appeal was listed on several occasion and none appeared for the appellant on 01.06.2021 and 21.06.2021. This Court, by order dated 12.07.2021 passed the following order:
“Counsel for appellant absent. No representation. Portion of the order dated 16.03.2020 is as under:
“Having regard to the fact that the appeal arises out of a suit for declaration of right, title and interest, a last opportunity is granted by allowing I.A No.1/2019. The order dated 18.01.2019 is recalled and the regular second appeal is restored to file.”
Today again the appellant is absent. However, adjournment is granted finally subject to payment of cost of Rs.2,000/- payable to the Prime Ministers Relief Fund. List on 27.07.2021.”
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Despite this Court has directed the appellant to comply with the operation of the order dated 16.03.2020, however, same is not complied with and today also none represents for the appellant. Hence, the appeal is dismissed for non prosecution.
Sd/JUDGE
UN
1 issue framed by the court
Whether the appeal needed to be dismissed for non-prosecution despite restoration?
M A Ponnappa Since dead by his LRs. (represented by M J Nanaiah)
B M Ponnappa Since dead by his LRs. (represented by B P Sangeetha, B P Damayanthi)
E.S. INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
