The High Court of Karnataka dismissed the regular second appeal for non-prosecution. Despite a lapse of 13 years, the appellants failed to comply with office objections, indicating a lack of diligence in pursuing the appeal.
Regular Second Appeal dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2023 BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1299 OF 2010 (INJ)
BETWEEN:
BOTH ARE R/A PUNAJE VILLAGE, HOSANAGAR TALUK, COURT SHIMOGA DISTRICT.
…APPELLANTS
[BY SRI. R.V. JAYAPRAKASH, ADVOCATE (V/C)]
AND:
RSA No. 1299 of 2010
ALL ARE RESIDENTS OF KUNTIGE VASAVE VILLAGE, HOSANAGARA TALUK, SHIMOGA DISTRICT.
…RESPONDENTS
[BY SRI. H.S. SURESHAPPA GOWDA, ADVOCATE FOR R1 (a-f)]
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.12.2009 PASSED IN R.A.NO.84/2001 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), SAGAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.03.2001 PASSED IN O.S.NO.178/1992 ON THE FILE OF THE LEARNED CIVIL JUDGE (JR.DVN.) JMFC, HOSANAGARA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Matter is listed for further orders regarding noncompliance of office objections. It was called and passed over. Again, when it was called on afternoon session, learned counsel for appellants sought for further time.
RSA No. 1299 of 2010
office objections have not been complied. This would indicate that appellants are not diligent in pursuing appeal. Hence, appeal is dismissed for non-prosecution.
Sd/JUDGE
Psg*
1 issue framed by the court
Whether the appeal should be dismissed due to non-compliance of office objections after a lapse of 13 years.
1 provisions across 1 enactments
NAGENDRAPPA, S/O GUNDAPPA GOWDA, MAJOR
KRISHNAMURTHY, S/O GUNDAPPA GOWDA, MAJOR
CHINNAPPAGOWDA, S/O MANJAPPA GOWDA
K.C. VENKATESH, S/O CHINNAPPAGOWDA
K.C. SUBBAIAH, S/O CHINNAPPAGOWDA
K.C. SREENIVASA, S/O CHINNAPPAGOWDA
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
