The Karnataka High Court dismissed two Regular Second Appeals filed under Section 100 of the CPC for non-prosecution as no appearance was made by the appellants on the date of hearing despite previous opportunities.
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 19TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.1875 OF 2005 (PAR) C/W REGULAR SECOND APPEAL NO.210 OF 2006 (PAR)
IN RSA NO 1875/2005
BETWEEN:
MALLIKARJUN BASAVANAPPA WALI AGED ABOUT 61 YEARS, RESIDING AT PARISHWAD, KHANAPUR TALUK, BELAGAVI DISTRICT-590002.
…APPELLANT
(BY SRI.MANJUNATH MELED., AND SRI.T.N.RAGHUPATHY., ADVOCATES [ABSENT])
AND:
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R/O.BHAVIHAL, TQ. BAILHONGAL-591102.
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE JUDGMENT AND DECREE DATED 29.08.1997 PASSED BY THE CIVIL JUDGE AND SST. SESSIONS JUDGE, BAILHONGAL, IN O.S.NO. 57/1994 AND THE JUDGMENT AND DECREE DATED 14.06.2005 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK COURT-IV, BELAGAVI IN R.A.NO. 43/1997 ALLOW THIS APPEAL.
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IN RSA NO.210/2006:
BETWEEN:
SRI. SURESH NAGAPPA NANDIHALLI AGED ABOUT 36 YEARS, OCC: AGRICULTURIST, R/O: BHAVILAL, BAILHONGAL-590016.
…APPELLANT
(BY SRI.G.S.BALAGANGADHAR., ADVOCATE [ABSENT])
AND:
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…RESPONDENTS
(SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC SEEKING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY PRESIDING OFFICER, FAST TRACK COURT NO.IV, BELAGAVI IN RA NO.35/1997 DATED 14.06.2005 AND ALSO THE JUDGMENT AND DECREE OF TRIAL COURT I.E., CIVIL JUDGE (SR.DN.) BAILHONGAL DATED 29.08.1997 IN O.S.NO.57/1994 AND DISMISS THE SUIT OF THE RESPONDENTS 1 AND 2 WITH COSTS IN ITS ENTIRETY.
THESE REGULAR SECOND APPEALS ARE COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
There is no representation on behalf of appellant.
As could be seen from the daily order sheet, the
appeals were listed on 12.10.2022. On that day, there was no representation on behalf of appellant. Hence, the appeals were ordered to be listed on 19.10.2022.
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The appeals are listed today.
As already noted above, there is no representation on
behalf of appellant.
Despite giving several opportunities, there is no representation on behalf of appellant. Hence, the Regular Second Appeals are dismissed for non-prosecution.
Sd/JUDGE
TKN
Mallikarjun Basavanappa Wali
Suresh Nagappa NANDIHALLI
Basavaraj Gopal Naicker
Smt. Gopawwa
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
