In RSA No. 2145 of 2018, the Karnataka High Court dismissed an appeal under Section 100 of CPC for non-prosecution as appellants remained absent despite multiple listings and opportunities.
The Regular Second 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.
RSA No. 2145 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.2145 OF 2018 (INJ)
BETWEEN:
BHEEMANNA @ GARE BHEMANNA SINCE DEAD BY
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
ALL R/AT CHIKKANAYAKANAHALLI TOWN, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT - 572 214.
…APPELLANTS
(BY SRI. RAMESH K., ADVOCATE (ABSENT)]
AND:
RSA No. 2145 of 2018
ALL R/AT CHIKKANAYAKANAHALLI TOWN, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT - 572 214.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, SEEKING CERTAIN RELIEFS.
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 appellants.
As could be seen from the daily order sheet, the appeal was listed on 24.05.2023. On that day, there was no representation on behalf of appellants. Hence, the appeal was ordered to be listed on 02.06.2023.
The appeal is listed today.
As already noted above, when the matter is called, today also there is no representation on behalf of appellants. It
RSA No. 2145 of 2018
appears that the appellants are not diligent in prosecuting the appeal.
Despite giving several opportunities, there is no representation on behalf of appellants. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/JUDGE
TKN List No.: 1 Sl No.: 13
1 issue framed by the court
Whether the Regular Second Appeal can be dismissed for non-prosecution due to absence of appellant's representatives despite listing.
1 provisions across 1 enactments
Smt. Govindamma W/o Bheemanna @ Gare Bheamna
Sri Nataraju S/o Late Bheemanna @ Gare Bheemanna
Sri Kumara Swamy S/o Late Bheemanna @ Gare Bheemanna
Smt. Shivamma W/o Bheemiah @ Kalli Bheemiah
Sri Purushotham S/o Bheemiah @ Kalli Bheemiah
Sri Shantha Kumar S/o Bheemiah @ Kalli Bheemiah
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
