A regular second appeal filed under Section 100 of CPC was dismissed by this Court for non-prosecution, as the appellants were unrepresented and the appeal had remained pending for five years without diligence.
Regular Second Appeal No. 277 of 2018 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. 277 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.277 OF 2018 (PAR)
BETWEEN:
J. PUTTEGOWDA SINCE DEAD BY LRS,
NARASAMMA
W/O. LATE. J PUTTEGOWDA, SINCE DEAD BY LRS APPELLANT NO. 1 TO 5,
S/O. LATE. J PUTTEGOWDA, AGED ABOUT 29 YEARS, R/O. GOPALAPURA VILLAGE, JAYAPURA HOBLI, MYSORE TALUK - 571 404.
2. BHAGYA
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
W/O NARASIMHEGOWDA, D/O LATE. J PUTTEGOWDA, AGED ABOUT 37 YEARS,
W/O. LATE. PAPEGOWDA, D/O. LATE. J PUTTEGOWDA, AGED ABOUT 29 YEARS, APPELLANTS 2 AND 3 ARE R/AT: BETTADABEEDU VILLAGE, HAMPAPURA HOBLI, H.D. KOTE TALUK - 571 125.
RSA No. 277 of 2018
AGED ABOUT 35 YEARS, R/O. SIDDAIAHNAKOPPALU VALLAGE, MANDYA TALUK AND DISTRICT - 571 404.
G P JAVAREGOWDA S/O J PUTTEGOWDA, SINCE DEAD BY LRS,
APPELLANTS 8 MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER APPELLANT 6
APPELLANT 7 TO 8 ARE R/AT GOPALAPURA VILLAGE, JAYAPURA HOBLI, MYSURU TALUK - 570 008.
RSA No. 277 of 2018
JAYAPURA HOBLI, MYSURU TALUK - 570 008.
YOGENDRA SINCE DEAD BY LRS,
APPELLANTS 11 AND 12 MINORS THEY ARE REPRESENTED BY THEIR GUARDIAN APPELLANT NO.10
APPELLANT NO.10 TO 12 R/AT GOPALAPURA VILLAGE, JAYAPURA HOBLI, MYSURU TALUK - 570 008.
…APPELLANTS
(BY SRI. KUMARA.K.G., ADVOCATE [ABSENT])
AND:
RSA No. 277 of 2018
HAMPAPURA HOBLI, H.D. KOTE TALUK 571125
J KARIGOWDA S/O. LATE. JAVAREGOWDA, SINCE DEAD BY LRS,
RSA No. 277 of 2018
9. VENKATAMMA
W/O SIDDEGOWDA, AGED ABOUT 71 YEARS, R/O. ANAGALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK - 570 008.
PRAKASHA
S/O. LATE. SIDDEGOWDA AND LATE. VENKATAMMA, SINCE DEAD BY LRS,
W/O. SWAMY, S/O. KANAKAIHANA SANNA HAIDANNA, D/O. LATE. PRAKASH, AGED ABOUT 35 YEARS, RESPONDENTS 7(A) AND (B) ARE R/O. NO. 93, GOPALAPURA, JAYAPURA HOBLI, MYSURU TALUK - 570 008.
12. BHAVANI
W/O. KUMAR, D/O. LATE. PRAKASHA, AGED ABOUT 33 YEARS, NO. 788, 8TH CROSS, HEBBAL, 2ND STAGE, MYSURU - 570 016.
13. DORESWAMY
S/O. LATE. PRAKASHA, AGED ABOUT 28 YEARS, 8 NO. 145, ANAGALLY, BEERIHUNDI POST, JAYAPURA HOBLI, MYSURU TALUK - 570 008.
RSA No. 277 of 2018
AGED ABOUT 46 YEARS, R/O ANAGALLI VILLAGE, JAYALAPURA HOBLI, MYSURU TALUK - 570 008.
PUTTEGOWDA SINCE DEAD BY LRS,
RSA No. 277 of 2018
RESPONDENTS 16 TO 21 ARE R/O. BETADABEEDU VILLAGE, G.B. SARAGUR POST, HAMPAPURA HOBLI, H.D. KOTE TALUK - 571 125.
22. JAYAMMA
W/O. DODDAHAIDEGOWDA, D/O. LATE. PUTTEGOWDA, AGED ABOUT 51 YEARS, R/O. JETTIHUNDI VILLAGE, BEERIHUNDI POST, YELWAL HOBLI, MYSORE TALUK - 571 130.
…RESPONDENTS
(BY SRI. N B NIJALINGAPPA., ADVOCATE FOR C/R1)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, SEEKING CERTAIN RELIEFS.
THIS APPEAL IS COMING ON FOR ADMISSION, 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 appeal papers, the appeal is filed in the year 2018. Now we are in the month of May 2023. The appeal is pending since five years.
It appears that appellants are not diligent in prosecuting the appeal.
RSA No. 277 of 2018
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.
Sd/JUDGE
NR List No.: 1 Sl No.: 38
J. PUTTEGOWDA SINCE DEAD BY LRS AND OTHERS
SHIVAMMA AND OTHERS
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
