Regular Second Appeal dismissed for non-prosecution after appellant's counsel failed to file vakalath despite undertaking within a year and four months of listing.
Regular Second Appeal No.2428 of 2011 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 OCTOBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.2428 OF 2011 (PAR)
BETWEEN:
SMT. JAYAMMA W/O DASAPPA, AGED ABOUT 60 YEARS, AGRICULTURIST, R/AT DABASPET, OPP. GOVERNMENT MIDDLE SCHOOL, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123.
…APPELLANT
[BY SRI. J.NAVEEN, ADVOCATE (ABSENT)]
AND:
AGED ABOUT 86 YEARS, PRESENTLY R/AT DABASPET, (OPP TO GOVT. MIDDLE SCHOOL), SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123.
NC: 2023:KHC:38148 RSA No. 2428 of 2011
RESPONDENTS 7 TO 10 ARE R/AT NO.1849, 1ST MAIN ROAD, 5TH CROSS, MOODALAPALYA, KALAYANANAGARA, BANGALORE - 560 079.
…RESPONDENTS
(BY SRI. M.D.BASAVANNA, ADVOCATE FOR R1; SMT.RASHMI PATEL, HCGP FOR R5 & R6; R2, R3, R4, R7 TO R10 ARE SERVED)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, SEEKING CERTAIN RELIEFS.
THIS REGULAR SECOND 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 either personally or through video conferencing.
As could be seen from the daily order sheet, the captioned appeal was listed on 03.06.2022 and a submission was made by learned counsel Sri.Naveen.J., that he undertakes to file vakalath on behalf of the appellant. Now we are in the month of October 2023. It's been one year four months, learned counsel Sri.Naveen.J., has not made any efforts to file vakalath on behalf of appellant in the Registry.
NC: 2023:KHC:38148 RSA No. 2428 of 2011
As already noted above, when the matter is called, there is representation of counsel Sri.Naveen.J., personally or through video conferencing nor the appellant has appeared before the Court. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/JUDGE
TKN,MRP List No.: 1 Sl No.: 28
1 provisions across 1 enactments
Smt. Jayamma w/o Dasappa
Gangappa s/o Late Ankiah
Dr. Siddagangaiah s/o Late A. Siddappa
Smt. Thimmakka w/o Late A. Siddappa
Chikka Kempaiah s/o Late Ankiah
The State of Karnataka
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
