In Regular Second Appeal No. 1237 of 2015, the High Court of Karnataka dismissed the appeal for not taking steps as the appellant failed to appear for hearings in 2021 and 2023 despite repeated adjournments, suggesting a lack of interest in prosecuting the appeal filed in 2015.
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 1ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1237 OF 2015 (INJ)
BETWEEN:
SRI. P KRISHNAKUMAR S/O PUTTASWAMY AGED ABOUT 53 YEARS REPRESENTED BY SECRETARY JEEVAN JYOTHI VIDYA SAMSTHE R/AT DOOR NO.2784/B, GANDHINAGAR MANDYA CITY – 571 401.
…APPELLANT
(BY SRI. KANTHARAJU, ADVOCATE)
AND:
Digitally signed by R DEEPA Location: High Court of Karnataka
BOTH ARE R/AT NO.3, VINAYAKA BADAVANE KARASAVADI ROAD, BEHIND MICROWAVE STATION MANDYA CITY NOW R/AT, DOOR NO.6, 19TH STREET, NEW PORT TRUST STAFF COLONY PANAMBUR MANGALORE CITY – 575 001.
…RESPONDENTS
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.04.2014 PASSED IN RA NO. 24/2011 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, MANDYA ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 01.07.2011 PASSED IN OS NO. 173/2008 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) MANDYA.TRIAL COURT DECREED THE SUIT. APPELLATE COURT ALLOWED THE APPEAL. THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal was filed on 21.07.2015. Matter was
listed before the Court on 10.03.2017. Finally time was granted to comply with the office objections, failing which, the appeal shall be listed for dismissal. Matter was listed on 19.04.2017. At the request of learned counsel for the appellant, a week's time was granted. On 08.01.2019, Court issued notice on I.A.No.1/2017. Matter was listed on 11.01.2021. Three weeks time was granted to do the needful. On 24.08.2023, none appeared for the appellant. Finally a week's time was granted to take steps, failing which, the appeal shall be listed for dismissal. Even today, none appeared for the appellant. As the appeal is of the
year 2015, it seems that the appellant is not interested in prosecuting the appeal. Accordingly, in view of the peremptory order, the appeal is dismissed for not taking steps.
Sd/JUDGE
RD
Sri P Krishnakumar
Sri L Puttaswamy
Smt Suvarna
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
