Regular Second Appeal No. 330 of 2019 (Par) of the High Court of Karnataka dismissed for non-prosecution. The appellant was absent on two listing dates (24.05.2023 and 02.06.2023) despite opportunities, leading to the conclusion that they are not diligent. The appeal was dismissed under Section 100 of the CPC due to lack of prosecution.
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RSA No. 330 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.330 OF 2019 (PAR)
BETWEEN:
SMT. SHARADAMMA W/O RANGASHAMAIAH, AGED ABOUT 55 YEARS, R/AT HETTHENE VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMAKURU DISTRICT - 572 223.
…APPELLANT
(BY SRI. MANUSHANKAR. S.S., ADVOCATE [ABSENT])
AND:
THIMMAKKA DEAD BY LR'S
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
RSA No. 330 of 2019
RESPONDENT No.3 TO 7 ARE ALL R/AT HETTHENAHALLI VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 223.
RSA No. 330 of 2019
GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 223.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE 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 appellant.
As could be seen from the daily order sheet, the appeal was listed on 24.05.2023. On that day, there was no representation on behalf of appellant. Hence, the appeal was ordered to be listed on 02.06.2023.
The appeal is listed today.
As already noted above, when the matter is called, there
is no representation on behalf of appellant. It appears that the appellant is not diligent in prosecuting the appeal.
RSA No. 330 of 2019
Despite giving several opportunities, there is no representation on behalf of appellant. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/JUDGE
TKN List No.: 1 Sl No.: 17
Smt. Sharadamma W/o Rangashamaiah
Thimmakka Dead by Lr's - Sulappa
Jyoti Mulimani
As recorded by the court registry
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