The Single Judge dismissed a Regular Second Appeal filed under Section 100 CPC for non-prosecution after noting over fifteen years of pendency and absence of the appellant's counsel.
The appeal was dismissed for non-prosecution.
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.
1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.1068 OF 2007 (INJ)
BETWEEN:
V.JAYAMMA W/O LATE V.KRISHNA MURTHY, AGED ABOUT 67 YEARS, R/AT HAVAMBHAVI, SIRUGUPPA ROAD, BELLARY – 583 101. REP. BY HER GPA HOLDER, T.HANUMANTHAPPA. ...APPELLANT
[BY SRI.P.G.MOGALI., ADVOCATE (ABSENT)]
AND:
BOTH ARE R/AT HAVAMBHAVI, SIRUGUPPA ROAD, BELLARY – 583 101. … RESPONDENTS
(BY SRI KALEEMULLAH SHARIFF, ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, CHALLENGING THE JUDGMENT AND DECREE DATED 17.02.2007 PASSED BY THE COURT OF ADDITIONAL CIVIL
2
JUDGE (SR.DN.), BELLARY IN R.A.NO.77/2002, CONFIRMING THE JUDGMENT AND DECREE DATED 24.07.2002 PASSED BY THE PRL. CIVIL JUDGE, BELLARY, IN O.S.NO.111/96 .
THIS REGULAR SECOND APPEAL POSTED FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though matter called thrice, there is no
representation on behalf of appellant.
The appeal is listed today for final hearing.
As could be seen from the appeal papers, the appeal
is filed in the year 2007. Now we are in the month of October 2022. The appeal is pending before this Court for almost fifteen years.
As already noted above, though matter called thrice, there is no representation on behalf of appellant. Hence, the
Regular Second Appeal is dismissed for non-prosecution.
Sd/JUDGE
TKN
V.Jayamma W/o Late V.Krishna Murthy
Sanna Chinnigi Sab
Shamshed Bee
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
