In Regular Second Appeal No. 1230 of 2014, the High Court of Karnataka dismissed the appeal for non-prosecution after the appellant failed to appear on multiple hearing dates.
The appeal was dismissed for non-prosecution due to the appellant's failure to appear in court.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1230 OF 2014 (DEC/INJ)
BETWEEN:
SRI. MUNINARAYANAPPA S/O NADIPAPPA @ VENKATARAYAPPA AGED ABOUT 55 YEARS RESIDING AT KONAPALLI VILLAGE AND POST AMBAJIDURGA HOBLI CHINTAMANI TALUK – 562037
….APPELLANT
(BY SRI. RAVI KUMAR K M, ADVOCATE)
AND:
Digitally signed by R DEEPA Location: High Court of Karnataka
AGED ABOUT 56 YEARS
RESPONDENT Nos.4(A) TO 4(D) ARE R/AT NALLAGUTTAHALLI VILLAGE CHINNASANDRA POST KAIWARA HOBLI
CHIKKABALLAPURA TALUK – 562 037.
RESPONDENS No.1 TO 3 AND 5 ARE R/AT KONAPALLI VILLAGE AND POST AMBAJIDURGA HOBLI CHINTAMANI TALUK – 562 037
RESPONDENT No.6(B) AND (C) ARE THE CHILDREN OF LATE K C MUNINARAYANAPPA AGED ABOUT 30 YEARS RESIDING AT KAMAKSHIPALYA BANGALORE – 560 072
…RESPONDENTS
[BY SRI. V. JAVAHAR BABU, ADVOCATE FOR R1, R2 & R7 R4(B), R4(D) ARE SERVED V/O DATED 01.04.2019 APPEAL IS DISMISSED AGAINST R4 (A &C)
R5 & R6 (B&C) & APPEAL IS DISMISSED AS ABATED AGAINST R3]
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 24.3.2014 PASSED IN R.A.NO.6/2009 ON THE FILE OF THE PRL. DISTRICT JUDGE, CHICKBALLAPUR, DISMISSING THE APPEAL AND UPHOLDING THE JUDGEMENT AND DECREE DTD 17.12.2008 PASSED IN OS.NO.351/1997 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., CHINTAMANI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
O R D E R
Case called twice. None appears for the appellant. Even on last two occasions, none appeared for the appellant. On 30.10.2023, finally a week's time was granted and further it was made clear that in case the appellant fails to appear on the next date of hearing, appropriate order will be passed. Even today, none appears for the appellant. The appeal is of the year 2014. It seems that the appellant is not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for nonprosecution.
SD/JUDGE
RD
Sri. Muninarayanappa S/O Nadipappa
Sundaramma @ Akkayamma
K N Munikrishnappa
Chikkavenkatarayappa
Narayanaswamy
Venkattamma
Ashok S. Kinagi
As recorded by the court registry
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