The High Court of Karnataka dismissed an RSA filed under Section 100 CPC for non-prosecution. After being listed multiple times, the appellants failed to appear or prosecute the matter, leading to the dismissal sans summons.
Appeal dismissed for non-prosecution for the failure of appellants to appear after notice.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
R.S.A.No.809/2006
BETWEEN:
2
ALL ARE RESIDENTS OF HONNENAHALLI VILLAGE DUDDA HOBLI, MANDYA TALUK MANDYA DISTRICT, PIN-571 401.
..APPELLANTS
(PARTIES-IN-PERSON)
AND:
3
BHADRAVATHI TALUK SHIMOGA DISTRICT.
..RESPONDENTS
(BY SRI.M R RAJAGOPAL, ADVOCATE FOR R1 R2 & R3 – APPEAL ABATED V/O DATED:16/10/2012 R4 TO R7 ARE SERVED)
THIS RSA IS FILED UNDER SECTION 100 CPC AGAINST THE JUDGMENT AND DECREE DATED 16.12.2005 PASSED IN RA.NO.55/2005 ON THE FILE OF THE SESSIONS JUDGE, FAST TRACK COURT-4, MANDYA,
4
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.05.2001 PASSED IN OS.NO.425/1995 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.), MANDYA.
THIS RSA COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO CONFERENCING THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Perused the order sheet and order dated
16.01.2021, 29.01.2021 and 08.03.2021 is as under:
16.01.2021
Learned counsel for appellant has filed a memo for retirement.
Learned counsel is permitted to retire.
Office is directed to show the name of appellant as party-in-person in the cause list.
If the matter is not prosecuted by next date of hearing, appeal shall stand dismissed for non-prosecution.
List on 29.01.2021.
5
29.01.2021
Appellants called out. They remained absent.
In case of non-prosecution of the appeal on the next date of hearing, appeal shall stand dismissed for non-prosecution.
List on 08.03.2021.
08.03.2021
Office is directed to issue reminder to the Sessions Judge, FTC-4, Mandya to forward the report as directed by this court on 16.11.2018.
Appellants-party–in-person called out. None
appears.
Hence, appeal is dismissed for non-prosecution.
Sd/-
JUDGE
SBN
1 issue framed by the court
Whether the appeal stands for dismissal for non-prosecution due to the absence of the appellants.
Sri Honne Gowda & Ors.
Smt. Chikkakempamma & Ors.
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
