The appeal was listed twice without representation. The High Court dismissed the Regular Second Appeal for non-prosecution due to the appellants' lack of diligence and failure to appear despite opportunities.
Regular Second Appeal No. 327 of 2016 dismissed for non-prosecution.
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RSA No. 327 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.327 OF 2016 (INJ)
BETWEEN:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
APPELLANT 1 TO 3 ARE R/AT THANIMODUGU VILLAGE, KAMASUMUDRAM HOBLI, BANGARPET TALUK, K.G.F. - 563 113.
…APPELLANTS (BY SRI.HEGDE.V.S., ADVOCATE & SRI K.VISHWANATH, ADVOCATE [ABSENT])
AND:
SRI. R. MURTHY S/O. LATE. RAJAVELU, AGE 66 YEARS, R/AT THANIMODUGU VILLAGE, BISANATHAM RAILWAY STATION, DHONIMADAGU POST, KAMASUMUDRAM HOBLI, BANGARPET TALUK, KGF - 563 113.
…RESPONDENT
RSA No. 327 of 2016
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., SEEKING CERTAIN RELIEFS.
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.
As could be seen from the daily order sheet, the appeal was listed on 23.05.2023. On that day, there was no representation on behalf of appellants. Hence, the appeal was ordered to be listed on 30.05.2023.
The appeal is listed today. Today also, there is no representation on behalf of appellants. It appears that the appellants are not diligent in prosecuting the appeal.
Despite giving several opportunities, there is no representation on behalf of appellants. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/JUDGE
TKN List No.: 2 Sl No.: 5
B. Muniyappa S/o Late. Oosappa
Smt. Vanaja W/o. B. Muniyappa
T. Murthy S/o. Late. Oosappa
Sri. R. Murthy S/o. Late. Rajavelu
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
