Dismissed

Smt Komala W/O Basavaraju v. Basavaraju S/O Shivarudraiah

Karnataka HC4 Oct 2023RSA/3213/2007

Case brief

AI extract

What is this about?

This judgment is a regular second appeal where the appellant absented herself from hearing dates multiple times. Despite repeated opportunities, the appellant failed to appear or provide representation. The court held the appeal unnatural to proceed and dismissed it for non-prosecution.

What did the court decide?

Regular Second Appeal No. 3213 of 2007 was dismissed for non-prosecution due to the appellant's consistent failure to appear.

Smt Komala W/O Basavaraju Vs Basavaraju S/O… — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:35986 RSA No. 3213 of 2007

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.3213 OF 2007 (RES)

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BETWEEN:

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SMT.KOMALA W/O BASAVARAJU AGED ABOUT 28 YEARS R/AT KURADAHALLI, JAVAGAL HOBLI ARSIKERE TALUK HASSAN DISTRICT - 573 103

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… APPELLANT

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(BY SMT. KOMALA/PARTY-IN-PERSON.. ABSENT)

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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BASAVARAJU S/O SHIVARUDRAIAH AGED ABOUT 31 YEARS R/AT KURADAHALLI, JAVAGAL HOBLI ARSIKERE TALUK HASSAN DISTRICT - 573 103

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… RESPONDENT (BY SRI G NARAYANA RAO.,ADVOCATE)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 1.6.07 PASSED IN R.A.NO 42/04 ON THE FILE OF THE CIVIL JUDGE, (SR.DN), & ADDL. CJM., ARSIKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 7.2.04 PASSED IN OS 311/2001 ON THE FILE OF THE ADDL. CIVIL JUDGE, (JR.DN) & JMFC., ARSIKERE.

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NC: 2023:KHC:35986 RSA No. 3213 of 2007

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This matter is called out at 4.06 p.m. There is no representation on behalf of the appellant/party-in-person - Smt. Komala. Learned counsel - Sri G. Narayana Rao representing the respondent is present.

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From perusal of the order sheet, it is seen that when the matter came up before the Court on 20.4.2023, there was no representation on behalf of the appellant. The matter was called out again on 8.8.2023, but there was no representation on behalf of the appellant.

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Again, when the matter came up before the Court on 23.8.2023, the matter was called out both in pre-lunch and post-lunch sessions. There was no representation on behalf of the appellant.

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The matter was called out again on 14.9.2023 twice. There was no representation on behalf of the appellant. In order to provide one more opportunity to the appellant, the

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3 - NC: 2023:KHC:35986 RSA No. 3213 of 2007

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matter was adjourned to 26.9.2023. On 26.9.2023, there

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was no representation on behalf of the appellant.

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In view of non-appearance of the appellant/party-inperson on several occasions, it appears that she is not interested in proceeding with the matter to arrive at a logical conclusion.

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Learned counsel for the respondent submits that he is informed by the respondent that the appellant has got married and residing with her husband comfortably and hence she may not be interested in pursuing the matter.

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Be that as it may, the order sheet reflects that despite providing sufficient opportunities, there is no representation on behalf of the appellant and it clearly indicates that the appellant is not interested in prosecuting the appeal.

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Hence, the appeal is dismissed for non-prosecution.

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Sd/JUDGE

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GSS List No.: 1 Sl No.: 35

Smt Komala W/O Basavaraju v. Basavaraju S/O Shivarudraiah

Case brief

What is this about?

What did the court decide?

Smt Komala W/O Basavaraju v. Basavaraju S/O Shivarudraiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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