Appealed dismissed for non-prosecution. The High Court noted the appeal, filed in 2007, was pending for fifteen years with no representation from the appellant despite being listed twice for final hearing.
Regular Second Appeal No. 2575 of 2007 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 28TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.2575 OF 2007 (INJ)
BETWEEN:
SMT.SATYAVATI SURESH NAIK, (SINCE DECEASED REPRESENTED BY HER LRs.)
MADHU SURESH NAIK, AGED ABOUT 03 YEARS, MINOR, REPRESENTED BY HIS MATERNAL GRAND FATHER SRI RAMACHANDRA NARAYAN NAIK AGED ABOUT 46 YEARS, R/O KARKALAJADDI, PO:BEDASAGAON, TQ:MUNDGOD, UTTARA KANNADA DISTRICT – 581 349. ...APPELLANT
(BY SRI R.G.HEGDE, ADVOCATE [ABSENT])
AND:
(BY SRI ANANT R. HEGDE, JEEVAN J. NEERALAGI
2
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2007 PASSED BY THE COURT OF CIVIL JUDGE (SR.DN.), YELLAPUR IN R.A.NO.321/2006, PARTLY ALLOWING THE JUDGMENT AND DECREE DATED 28.11.2000 PASSED BY THE CIVIL JUDGE (JR.DN.), MUNDGOD IN O.S.NO.17/1999 .
THIS REGULAR SECOND APPEAL COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though matter called twice, 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 fifteen years.
As already noted above, though matter called twice,
there is no representation on behalf of appellant. Hence,
3
the Regular Second Appeal is dismissed for non-
prosecution.
Sd/JUDGE
TKN
1 provisions across 1 enactments
Smt. Satyavati Suresh Naik (since deceased represented by her LRs.) and Madhu Suresh Naik
Sri Sheena Kallappa Moger and Manja Kallappa Moger
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
