The High Court of Karnataka dismissed a Regular Second Appeal filed under Section 100 of the CPC for non-prosecution due to the appellants' lack of diligence and absence of representation.
Regular Second Appeal RSA No. 1275 of 2018 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. 1275 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.1275 OF 2018 (PAR)
BETWEEN:
APPELLANTS 1 AND 2 ARE R/AT BANAHALLI, HINDIGANALA POST, NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT - 562 114.
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SRI. B V BADRINATH., ADVOCATE [ABSENT])
AND:
SRI B N KRISHNAMURTHY S/O LATE NARAYANAPPA, AGED ABOUT 64 YEARS, R/A BANAHALLI, NANDAGUDI POST, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 562 114.
…RESPONDENT
RSA No. 1275 of 2018
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
When the matter is called, there is no representation on
behalf of appellants.
As could be seen from the appeal papers, the appeal is filed in the year 2018. Now we are in the month of May 2023. The appeal is pending since five years. It appears that the appellants are not diligent in prosecuting the appeal.
As already noted above, when the matter is called, there is no representation on behalf of appellants. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/JUDGE
TKN List No.: 1 Sl No.: 18
1 provisions across 1 enactments
SRI B P PRASANTH S/O LATE N.V.PADMANABHA RAO
SMT. USHA W/O LATE N V PADMANABHA RAO
SMT. PRATHIBHA ANIL W/O SRI N S ANIL KUMAR
SRI B N KRISHNAMURTHY S/O LATE NARAYANAPPA
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
