The court dismissed a second appeal against a judgment confirming a lower court's finding that the plaintiff failed to substantiate lawful possession. The appeal was dismissed for non-prosecution due to the appellant's apparent lack of interest.
Second appeal dismissed for non-prosecution and all pending applications disposed of.
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 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 1782 OF 2016 (INJ)
BETWEEN:
K. S. RAJASHEKAR, PRESENT AGED ABOUT 62 YEARS, S/O LATE K.S. SHIVALINGAPPA, AGRICULTURIST, R/AT KARKIPETE VILLAGE, KASABA HOBLI, JYOTHINAGAR POST, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 571 112.
…APPELLANT
(BY SRI. SAI SHAKTHI, ADVOCATE FOR SRI. H. S. SUHAS, ADVOCATE)
AND:
Digitally signed by REKHA ANKAIAH Location: High Court of Karnataka
RESPONDENTS NO. 1 TO 7 ARE AGRICULTURISTS R/AT IYYANAHALLI VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK - 571 112.
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC.,1908 AGAINST THE JUDGMENT AND DECREE DATED 25.07.2016 PASSED IN RA.NO.26/2014 ON THE FILE OF THE PRL. SR.CIVIL JUDGE AND CJM CHIKKAMAGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.02.2014 PASSED IN OS.NO.453/2009 ON THE FILE OF THE 2nd ADDL. CIVIL JUDGE AND JMFC., CHIKMAGALUR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri.Sai Shakthi, learned counsel appearing on behalf of Sri.H.S.Suhas, who is counsel on record, submits that on account of designation of his Senior, a letter was sent to the appellant on 29.05.2023. Though the notice sent by the counsel on record is communicated to the appellant, no steps are taken by the appellant to engage any other counsel. A copy of the notice sent to the appellant and acknowledgement is placed on record by way of a memo.
This captioned second appeal arises out of concurrent judgment rendered in a bare suit for injunction filed by the appellant herein in O.S.No.453/2009. The trial court, having taken note of the rebuttal evidence let in by the defendant, held that the plaintiff has failed to substantiate his lawful possession. Having taken cognizance of earlier suits filed by the plaintiff, the trial court held that plaintiff's bare suit for injunction filed in earlier rounds of litigation in O.S.No.109/1983 and O.S.No.191/2003 are dismissed by recording a categorical finding that plaintiff is not in lawful possession. The trial court also held that the plaintiff and
his father have filed successive suits only to restrain the defendants from evicting them from the suit schedule property. The trial court found that this attempt is being made by the plaintiff since 1983; precisely on this ground, the suit is dismissed and confirmed by the appellate court. The suit is of the year 2009 and the captioned second appeal is pending for admission since 2016. If these significant details are looked into, I am more than satisfied that the appellant is not interested in prosecuting the captioned second appeal. Therefore, I am of the view that appeal is liable to be dismissed for non prosecution.
Accordingly, the regular second appeal stands dismissed.
In view of dismissal of second appeal, all pending applications, if any, do not survive for consideration and stand disposed of.
Sd/JUDGE
HDK
2 issues framed by the court
Whether the second appeal is liable to be dismissed for non-prosecution due to the appellant's lack of interest.
Whether consecutive suits filed by the plaintiff over decades indicate an attempt to evade eviction.
K. S. Rajashekar
Mahesh
Niranjana
Renuka
Yogesh
Sridhara
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
