In Regular Second Appeal No. 1005 of 2008, the Karnataka High Court dismissed the appeal due to non-prosecution, noting the appellant failed to pursue the matter after receiving court notice in 2016.
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.
RSA No. 1005 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1005 OF 2008 (INJ)
BETWEEN:
N B NANJUNDAIAH, S/O.SRI.BASAVAIAH, AGED ABOUT 67 YEARS. R/O.NO.10/18, KASHIVISHWANATHA TEMPLE STREET,
KOLLEGAL TOWN AND TALUK.
…APPELLANT
(BY SRI. N.B. NANJUNDAIAH - APPELLANT
COURT NOTICE TO APPELLANT IS HELD SUFFICIENT VIDE ORDER DATED 24.06.2016)
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
RSA No. 1005 of 2008
RESPONDENTS 1(a) TO 1(c) ARE RESIDING AT NO.8, 9TH MAIN, 6TH CROSS, PAPAIAH GARDEN, B.S.K. III STAGE, BANGALORE-560 015.
1(d) SRI. N.Y.NAVEEN, AGED ABOUT 42 YEARS, S/O LATE N.N.YALAYYASWAMY, R/A NO.91/11, 1ST BLOCK, NEW NETAJI ROAD, THYAGARAJA NAGAR, BANGALORE-560 029.
…RESPONDENTS
(THE ABOVE AMENDMENT CARRIED OUT AS PER THE ORDER DATED 07.04.2016)
[BY SRI. K.SREEDHAR, ADVOCATE FOR R1 (a) TO (d)]
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 20.12.2007 PASSED IN RA.NO.11/07 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC., KOLLEGALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 23.12.2006 PASSED IN OS.NO.18/2001 ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN.) AND JMFC., KOLLEGAL TRIAL COURT PARTLY DECREED
THIS APPEAL, COMING ON FOR ARGUMENTS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri K. Sreedhar , learned counsel for respondents
no. 1 (a-d) appeared through Video conferencing.
appellant retired from case, Court notice was issued to appellant. Appellant is served with Court notice vide order
RSA No. 1005 of 2008
dated 24.06.2016. Till date he has not made any alternative arrangements to pursue appeal. Matter is being adjourned due
to non-appearance of appellant. This would indicate that
appellant is not interested in pursuing appeal.
Accordingly, appeal is dismissed for non-prosecution.
Sd/JUDGE
Psg*
1 issue framed by the court
Whether the second appeal maintained despite the appellant failing to appear during hearings after court notice.
N B Nanjundiah
N N Yalaiahswamy (by LRs)
Dhanalakshmi
N Y Ravi Kumar
N Y Kiran
N Y Naveen
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
