High Court of Karnataka Regular Second Appeal dismissed for non-prosecution where counsel retired; appellants failed to appear despite case being called.
Appeal 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 407 OF 2013 (PAR)
BETWEEN:
AGE: 55 YEARS, W/O. SADASHIVAMURTHY, R/O. SINDUVALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK – 560 007
Digitally signed by R DEEPA Location: High Court of Karnataka
(APPELLANTS ABSENT)
AND:
…APPELLANTS
NC: 2023:KHC:41120 RSA No. 407 of 2013
JAYAPURA HOBLI, TQ. & DIST. MYSORE – 570007
…RESPONDENTS
(R1 TO R5 ARE SERVED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 22.08.2012 PASSED IN R.A.NO.25/2012 ON THE FILE OF VI-ADDITIONAL DISTRICT JUDGE, MYSORE, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 01.10.2011 PASSED IN OS.NO.948/2008 ON THE FILE OF I-ADDL. SENIOR CIVIL JUDGE, MYSORE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:41120 RSA No. 407 of 2013
JUDGMENT
On 13.01.2022, the learned counsel for the appellants filed a memo stating that he has retired from the case and produced the postal acknowledgment for having issued a notice of retirement to the appellants. The appellants have taken the papers and NOC from him and learned counsel for the appellants was permitted to retire from the case and office was directed to print the name of appellants in the cause list.
Sd/JUDGE
SKS
MANGALAMMA
CHINAMMA
SRI. SHANMUKA SWAMY
SRI. KUMAR
SMT. SHYLAJA
SMT. BHAGYAMMA
ASHOK S. KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
