The High Court dismissed a regular second appeal filed under Section 100 of the CPC for non-prosecution and non-compliance of office objections, noting the appellant's consistent absence despite multiple listings.
The second appeal was dismissed for non-prosecution and non-compliance of office objections.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 28TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100307 OF 2019 (DEC/INJ)
BETWEEN:
...APPELLANTS
(BY SRI. D.M. MANUNATH, ADVOCATE (ABSENT))
AND:
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MELGADE ONI, GOPANKOPPA, TALUK: HUBBALI, DIST: DHARWAD.
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… RESPONDENTS
(BY SRI. B.D. HEGDE, ADVOCATE.)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.03.2019, PASSED BY THE V ADDL. DIST AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN R.A.NO.07/2018, AND ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 06.12.2017, PASSED BY THE II ADDITIONAL SENIOR CVIL JUDGE, HUBBALLI, IN O.S.NO.239/2015, ETC.,.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
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ORDER
Though the matter is called twice, there is no representation on behalf of the appellant.
The appeal is filed in the year 2018. The appeal is listed for orders regarding non compliance of office objections for fourth time. As already noted above, the matter is called twice, there is no representation on behalf of the appellant. The appeal is dismissed for non prosecution and also for non compliance of office objections.
Sd/JUDGE
MRK
2 issues framed by the court
Whether the second appeals filed under Section 100 of the CPC may be dismissed for non-prosecution and non-compliance of office objections despite multiple listings.
Whether the absence of representation by the appellant mandates dismissal of the appeal.
1 provisions across 1 enactments
Smt. Veena Kaddi and another
Sri. Rajkumar Basava and others
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
