In a Regular Second Appeal filed in 2005, the High Court of Karnataka at Dharwad Bench, hearing the matter for the final time in 2022 with no representation from the appellants, dismissed the appeal as nonprosecution after noting a seventeen-year pendency.
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.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.1790 OF 2005 (PAR)
BETWEEN:
… APPELLANTS
(BY SRI.SHIVAKUMAR S.BADAWADAGI, ADVOCATE [ABSENT])
AND:
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… RESPONDENTS
THIS RSA FILED UNDER SECTION 100 OF CIVIL CODE PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.05.2005 PASSED IN R.A.NO.21/1999 ON THE FILE OF FAST TRACK COURT-I (DISTRICT AND SESSIONS JUDGE) CHIKODI REVERSING THE JUDGMENT AND DECREE DATED 11.11.1998 PASSED IN O.S.NO.410/1993 ON THE FILE OF ADDITIONAL CIVIL JUDGE, JUNIOR DIVISION, CHIKODI.
THIS RSA IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though matter called thrice, there is no
representation on behalf of appellants.
The appeal is listed today for final hearing.
As could be seen from the appeal papers, the appeal
is filed in the year 2005. Now we are in the month of
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October 2022. The appeal is pending before this Court for almost seventeen years.
As already noted above, though matter called thrice, there is no representation on behalf of appellants. Hence, the Regular Second Appeal is dismissed for nonprosecution.
Sd/JUDGE
TKN
SMT. SUSHEELA WIFE OF MALLAPPA SHIRGUPPE AND OTHERS
SMT. HIRABAI WIFE OF MALLAPPA SHIRGUPPE AND OTHERS
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
