Regular Second Appeal filed by the appellant of Record Appeal was dismissed because the appellant's counsel died and no alternative was made, rendering the appeal for non-prosecution.
None. 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.
RSA No. 261 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 261 OF 2009 (DEC/INJ)
BETWEEN:
SMT. JAYALAKSHMI V, W/O LATE SRI. SHAMANNA, AGED ABOUT 41 YEARS, KEMBODI VILLAGE, KOLAR TALUK.
…APPELLANT
(SERVED AND UNREPRESNETED)
AND:
SMT. VIJAYALAKSHMI, W/O LATE DHOBI RAMAPPA, Digitally signed by MOHANKUMAR M AGED ABOUT 38 YEARS, NEAR SANTHEGATE, Location: High Court of Karnataka AMBEDKAR NAGAR, BETHAMANGALA, BANGARPET TALUK.
…RESPONDENT
(BY SRI V JAVAHAR BABU, ADVOCATE)
THIS RSA IS FILED U/S. 100 R/W. ORDER 41, R-5 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 19.2.2008 PASSED IN R.A.NO.295/2007 ON THE FILE OF THE ADDL.
RSA No. 261 of 2009
DISTRICT JUDGE, FAST TRACK COURT-IV, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 7.7.2006 PASSED IN OS.NO. 299/2003 ON THE FILE OF THE PRL.CIVIL JDUGE (JR.DN.), KOLAR.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
On perusal of order sheet, it is seen that learned counsel for appellant was reported to have died on 18.08.2022. It is also recorded that notice was issued by Smt.Veena, learned counsel to appellant, was also unsuccessful.
Appeal is of year 2009. Since alternative arrangement is
not made, appeal is dismissed for non-prosecution.
Sd/JUDGE
MKM CT: BHK
SMT. JAYALAKSHMI V
SMT. VIJAYALAKSHMI
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
