The High Court of Karnataka dismissed a regular second appeal filed under Section 100 of CPC for non-prosecution and failure to comply with office objections after six years.
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 24TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO. 2620 OF 2017 (RES)
BETWEEN:
…APPELLANTS
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
(BY SRI. B.V.SAVINAY., ADVOCATE [ABSENT])
AND:
SMT. ELIZA D'SOUZA SINCE DEAD,
RSA No. 2620 of 2017
OPP ST. PALLOTI CHURCH, MUMBAI.
No.3 TO 6 ARE REPRESENTED BY THEUR GPA HOLDER ALEXANDEER D'SOUZA, S/O LATE JOSEPH, R/AT BALEBAIL SAGA, YEVYYADI, KONCHADY POST, MANGALORE - 4.
RSA No. 2620 of 2017
BANGALORE - 560 017.
No.10 & 11 ARE
R/AT SITE NO.137, NITHYADHAR NAGAR, PERAMANNUR POST,
MANGALORE - 575 017.
No.7, 8 & 12 ARE R/AT SHREE RAJA RAJESHWARI KUTTA, DATAR COLONY, PLOT NO.41, FLOT NO.8, NEAR POLICE CHOWKI, BHANDUP EAST, MUMBAI - 400 042.
W/O LATE JOSEPH D'SOUZA, AGED ABOUT 51 YEARS, R/A D'SOUZA VILLA OMBATHUKERE, NEAR TIPPU SULTHAN COLLEGE, ULLAL, MANGALORE.
RSA No. 2620 of 2017
D/O LATE JOSEPH D'SOUZA, AGED ABOUT 45 YEARS,
…RESPONDENTS
(BY SRI. KETHAN KUMAR., ADVOCATE FOR SRI. M.SUDHAKAR PAI., ADVOCATE FOR C/R1)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., SEEKING CERTAIN RELEIFS.
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.
RSA No. 2620 of 2017
Sri.Kethan Kumar., learned counsel on behalf of Sri.M.Sudhakar Pai., for caveator/ respondent No.1 has appeared in person.
The appeal is listed today for orders regarding noncompliance of office objections for second time.
As could be seen from the appeal papers, the appeal is filed in the year 2017. Now we are in the month of May 2023. It's been six years. So far, office objections are not complied with.
It appears that the appellants have not instructed the counsel on record to comply office objections and appellants are not diligent in prosecuting the appeal.
As already noted above, when the matter is called, there is no representation on behalf of appellants. Hence, the Regular Second Appeal is dismissed for non-prosecution and also for non-compliance of office objections.
Sd/JUDGE
TKN List No.: 1 Sl No.: 1
1 provisions across 1 enactments
VANITHA SRIYAN
VINUTHA
BABITHA
PRASHANTH
ELIZA D'SOUZA
ALEX D'SOUZA
J YOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
