The High Court dismissed a Regular Second Appeal filed under Section 100 of the CPC for non-prosecution, noting the appellant's absence and failure to provide affidavits regarding unpaid Provident Fund.
The appeal is 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 27TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 2073 OF 2017 (DEC)
BETWEEN:
DAVANAGERE DISTRICT-577 528
…APPELLANT
(BY SRI. ANAND MUTTALLI., ADVOCATE [ABSENT])
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
RESPONDENTS 1 TO 3 ARE RESIDING AT TAMALEHALLI VILLAGE, HANUMANTHAPURA POST, JAGALUR TALUK DAVANAGERE DISTRICT-577 528.
…RESPONDENTS
(R1, R2 & R4 ARE SERVED AND UNREPRESENTED)
RSA No. 2073 of 2017
THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.03.2017 PASSED IN R.A.NO.53/2015 ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE, DAVANAGERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.05.2015 PASSED IN O.S.NO.108/2010 ON THE FILE OF THE CIVIL JUDGE & JMFC, JAGALUR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
This Court, vide order dated 09.10.2019 issued emergent notice to the respondents and notice was served against respondent Nos.1, 2 and 4 and not served against respondent No.3. When the matter was listed for furnishing PF against respondent No.3, submission was made before this Court that PF is paid. Hence, this Court ordered to issue notice to respondent No.3. On verification, it is seen that PF has not been paid and false submission is made before the Court.
Today also, learned counsel for the appellant is absent
and not furnished PF to issue notice to respondent No.3.
Hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
ST
List No.: 1 Sl No.: 3
2 issues framed by the court
Whether the appeal should be dismissed for non-prosecution in the absence of counsel
Whether failure to pay Provident Fund requires dismissal of the appeal
1 provisions across 1 enactments
SMT.PARIBAI W/O BASAVARAJA NAIK
SRI.HANUMANTHAPPA S/O SANNA BORAPPA
SRI RAJAPPA S/O HANUMANTHAPPA
SRI ANJINAPPA S/O HANUMANTHAPPA
SRI KRISHNAPPA S/O SANNA BORAPPA
H.P.SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
