The High Court of Karnataka dismissed a Regular Second Appeal filed in 2009 for non-prosecution due to the appellant's absence after multiple hearings, noting a fourteen-year delay.
Regular Second Appeal No.1082 of 2009 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.
NC: 2023:KHC:42312 RSA No. 1082 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.1082 OF 2009 (INJ)
BETWEEN:
MR.KUMARA SWAMY S/O LATE DEVE GOWDA, AGED 40 YEARS, AGRICULTURIST, R/O HEBBALLI VILLAGE, MALLENAHALLI POST, CHICKMAGALUR TALUK.
…APPELLANT
[BY SRI. I S PRAMOD CHANDRA & SRI PRAKASH M.H., ADVOCATES (ABSENT)]
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
MR.H.P.HEGGADE GOWDA S/O LATE MR. RANGE GOWDA, AGED 68 YEARS, AGRICULTURIST, R/O KADRIMIDRI VILLAGE, MUGTHIHALLI POST, CHICKMAGALUR TALUK.
…RESPONDENT
(BY SRI. D.C. JAGADEESH., ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, SEEKING CERTAIN RELIEFS.
THIS REGULAR SECONG APPEAL IS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:42312 RSA No. 1082 of 2009
ORDER
Though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing.
The Regular Second Appeal is filed back in the year 2009. We have almost completed the year 2023. The appeal is pending for almost fourteen years. It appears that the appellant is not interested in prosecuting the appeal.
As already noted above, though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/JUDGE
MRP List No.: 2 Sl No.: 4
MR.KUMARA SWAMY S/O LATE DEVE GOWDA
MR.H.P.HEGGADE GOWDA S/O LATE MR. RANGE GOWDA
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
