The Court dismissed the regular second appeal for default due to non-compliance with a peremptory order dated 25.02.2019 requiring action within a specific time frame, despite pending settlement negotiations between parties.
Appeal dismissed for default dated 25.02.2019 for failure to make needful action.
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:29014 RSA No. 126 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 126 OF 2013 (PAR)
BETWEEN:
Digitally signed by CHAITHRA P Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SRI. CHANDRASHEKAR, ADVOCATE AND SRI. M. NAGESH, ADVOCATE; APPEAL AS AGAINST A4 IS DISMISSED VIDE ORDER DATED 28.06.2016)
AND:
…RESPONDENTS
(R1 - SERVED UNREPRESENTED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 04.10.2012 PASSED IN R.A.NO.242/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 30.08.2011 PASSED IN OS.NO.19/2008 ON THE FILE OF THE ADDL. SR. CIVIL JUDGE & JMFC., BHADRAVATHI, AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellants is present.
respondents.
"Needful shall be done on or before 28.02.2019, failing which the appeal shall stand dismissed for default".
today, he has not done the needful for issuance of notice. However, he submits that talks for settlement are midway between the parties.
NC: 2023:KHC:29014 RSA No. 126 of 2013
behalf of respondents and the appeal as against respondent No.4 is dismissed and compliance has not yet been carried out.
In view of the peremptory order dated 25.02.2019, appeal stands dismissed for default.
Sd/JUDGE
CPN List No.: 1 Sl No.: 14 CT: BHK
1 issue framed by the court
Whether the regular second appeal should be dismissed for default in the absence of representation by the respondents and non-compliance with the order for issuance of notice.
1 provisions across 1 enactments
Smt. Nagamma
Jayappa
Smt. Durgamma
Rangappa
Siddamma
Manjappa
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
