In this regular second appeal pending for nearly fourteen years, the High Court of Karnataka, due to the complete lack of representation from the appellant despite multiple calls for hearing, dismissed the appeal for non-prosecution.
Regular Second Appeal 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1561 OF 2009 (INJ)
BETWEEN:
MADEGOWDA
S/O KUNNEGOWDA, AGED ABOUT 45 YEARS, R/AT BIDARAGUDDU VILLAGE, CHATHRA HOBLI, NANJANGUD TALUK, MYSORE DISTRICT - 570 001.
…APPELLANT
[BY SRI.PRAVEEN KUMAR RAIKOTE., ADVOCATE & SRI R.SHAMA, ADVOCATES (ABSENT)]
AND:
CHIKKEGOWDA
S/O MARIGOWDA,
SINCE DECEASED BY HIS LRS,
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
S/O LATE CHIKKEGOWDA, AGED ABOUT 35 YEARS.
W/O LATE CHIKKEGOWDA, AGED ABOUT 46 YEARS,
ALL ARE R/AT BIDARAGUDU VILLAGE, CHATHRA HOBLI, NANJANGUDU TALUK, MYSORE DISTRICT - 570 001.
…RESPONDENTS
(BY SRI.P.MAHESHA, ADVOCATE FOR C/R1 TO R4)
NC: 2023:KHC:42484 RSA No. 1561 of 2009
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, SEEKING CERTAIN RELIEFS.
THIS REGULAR SECOND APPEAL IS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing.
As could be seen from the appeal papers, the Regular Second Appeal is filed back in the year 2009. Now we are in the month of November 2023. Now we have almost completed the year 2023. The appeal is pending for almost fourteen years.
As already noted above, though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. It appears that the appellant are not interested in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution.
MRP
List No.: 2 Sl No.: 9
Sd/JUDGE
1 issue framed by the court
Whether the regular second appeal filed in 2009 requires dismissal for non-prosecution given the absence of representation despite multiple calls.
Madegowda
Chikkegowda LRS
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
