Appearing in the absence of the appellant following four years of delay and non-compliance with office objections, the High Court dismissed the regular second appeal for non-prosecution.
The first regular second appeal is dismissed for non-prosecution and non-compliance of office objections.
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RSA No. 1542 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1542 OF 2019 (INJ)
BETWEEN:
MR HARINDRA S/O LATE A NARAYANA, AGED ABOUT 70 YEARS, R/AT OPPOSITE TO NETTIN CYBER, THADAMBAIL POST, SURATHKAL, MANGALORE - 575 014.
…APPELLANT
(BY SRI. SRIDHAR H., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
RSA No. 1542 of 2019
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 appellant.
The captioned appeal is listed today for orders regarding non-compliance of office objections for third time.
As could be seen from the appeal papers, the appeal is filed in the year 2019. Now we are in the month of May 2023. It's been four years. So far, office objections are not complied with.
It appears that the appellant has not instructed the counsel on record to comply office objections and appellant is not diligent in prosecuting the appeal.
As already noted above, when the matter is called, there is no representation on behalf of appellant. Hence, the Regular Second Appeal is dismissed for non-prosecution and also for non-compliance of office objections.
List No.: 1 Sl No.: 4
Sd/JUDGE
NR
1 issue framed by the court
Whether a regular second appeal shall proceed when the appellant fails to comply with office objections after four years.
1 provisions across 1 enactments
MR HARINDRA S/O LATE A NARAYANA
MRS. SAVITHRI
MRS. SUNITHA
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
