High Court of Karnataka dismissed a regular second appeal filed in 2008 for non-prosecution after 14 years, noting the appellant's consistent absence despite multiple calls for hearing.
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 03RD DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.433 OF 2008 (PAR)
BETWEEN:
SMT.MEHABOOBI, AGED ABOUT 68 YEARS, W/O AHAMEDSAB MANSOOR, OCC:AGRICULTURE AND HOUSEHOLD WORK, R/O AKKI-ALUR, TALUK HANAGAL, HAVERI DISTRICT. ...APPELLANT [BY SRI S.V.NARASIMHAN, ADVOCATE (ABSENT)]
AND:
MAKBOOLSAB AGED ABOUT 58 YEARS, S/O ABDULKHADARSAB SAVIKERI, R/O AKKI-ALUR, TALUK HANAGAL, HAVERI DISTRICT – 581 110 … RESPONDENT (BY SRI M.M.MALAGI, ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, CHALLENGING THE JUDGMENT AND DECREE DATED 21.11.2007 PASSED BY THE COURT OF DISTRICT JUDGE, HAVERI IN R.A.NO.11/2007, RESTORE THE JUDGMENT AND DECREE DATED 01.02.2007 PASSED BY THE CIVIL JUDGE (SR.DN.) AND JMFC IN O.S.NO.726/2002 .
THIS REGULAR SECOND APPEAL COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
There is no representation on behalf of appellant.
The captioned appeal is listed in until disposal list. On 02.11.2022, when the matter was called, there was no representation on behalf of appellant. Today also there is no representation on behalf of appellant.
As could be seen from the appeal papers, the appeal is filed in the year 2008. Now we are in the month of November 2022. The appeal is pending for almost fourteen years.
As already noted above, though matter was called yesterday and today, there is no representation on behalf of appellant. Hence, this Regular Second Appeal is dismissed for non-prosecution.
Sd/JUDGE
TKN
Smt. Mehaboobi
Makboolsab
Jyoti Mulimani
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
