This order dismisses a Second Appeal for non-prosecution. The appellants were absent on the date of hearing with no representation on record. The Court opined the appellants were not interested in prosecuting the appeal and accordingly dismissed it under Section 100 of the Code of Civil Procedure, 1908.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 1343 OF 2016 (RES)
BETWEEN:
S/O LATE VENKATARAMANA AGED ABOUT 61 YEARS
EDITOR & PUBLISHER
THE CANARA TIMES & JANATHARANGA CHITHRA PUBLICATIONS PVT LTD 400-C, BAIKAMPADY INDUSTRIAL AREA, MANGALORE-575011 DK DISTRICT
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
PRINTER, ANURADHA PRINTERS 400-C, BAIKAMPADY INDUSTRIAL AREA MANGALORE-575011 DK DISTRICT
(BY SRI.B.V.SEETHARAM, ADVOCATE FOR A1; SMT.S.ROHINI, ADVOCATE-ABSENT FOR A2)
…APPELLANTS
AND:
1C. SANDRA BRITTO D/O SMT EUNICE BRITTO MAJOR
ALL ARE R/A PADMALAYA 17-19-1453/1, FALNIR ROAD MANGALURU-575002 DK DISTRICT
…RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 27.04.2016 PASSED IN RA NO.133/2010 ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 04.08.2010 PASSED IN OS NO.55/2000 ON THE FILE OF THE III ADDL., SENIOR CIVIL JUDGE AND JMFC., MANGALORE, D.K.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The captioned appeal is filed by defendants 1 and 2 assailing the concurrent findings of the Courts below.
there is any representation on their behalf. In view of the above facts, this Court is of the view that the appellants are not interested in prosecuting the captioned second
appeal.
prosecution.
Sd/JUDGE
ALB List No.: 1 Sl No.: 14
1 issue framed by the court
Whether the Second Appeal is to be allowed for non-prosecution due to absence of parties.
B. V. Seetharam
Smt S. Rohini
Smt Eunice Britto Padmalaya
Anthony Britto
Vimala Britto
Sandra Britto
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
