This order dismisses a Regular Second Appeal filed under Section 100 of CPC for non-prosecution due to the absence of the appellant and failure to comply with repeated office objections over two years. No hearing was conducted.
The appeal is dismissed.
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NC: 2023:KHC:25590 RSA No. 418 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.418 OF 2021 (DEC/INJ)
BETWEEN:
SMT. MANORAMMA D/O NAGAPPA, AGED ABOUT 43 YEARS, RESIDING AT PALEDAHALLY KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 501. REPRESENTED BY P.A. HOLDER SRI. P.N.RAJAPPA, AGED ABOUT 44 YEARS, RESIDING AT PALEDAHALLY VILLAGE, BAGURU POST, KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 501.
…APPELLANT
(BY SRI. RAVINDRA V.S., ADVOCATE [ABSENT])
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
AND:
SRI P.V.THIPPESHAPPA S/O NIJALINGAPPA, AGED ABOUT 62 YEARS, AGRICULTURALIST, RESIDING AT PALEDAHALLY VILLAGE, BAGURU POST KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 501.
…RESPONDENT
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS.
NC: 2023:KHC:25590 RSA No. 418 of 2021
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 either personally or through video conferencing.
The captioned appeal is listed today for orders regarding non-compliance of office objections for fourth time.
A perusal of the daily order sheet depicts that the appeal was listed before the Registrar (P & H) on several occasions and time was granted to comply office objections.
As could be seen from the appeal papers, the appeal is filed in the year 2021. Now we are in the month of July 2023. It's almost been two years. So far, office objections are not complied.
Despite giving several opportunities, the appellant has not instructed the counsel on record to comply office objections.
NC: 2023:KHC:25590 RSA No. 418 of 2021
As already noted above, when the matter is called, there is no representation on behalf of appellant either personally or through video conferencing. Hence, the Regular Second Appeal
is dismissed for non-prosecution and also for non-compliance
of office objections.
Sd/JUDGE
TKN List No.: 1 Sl No.: 8
1 provisions across 1 enactments
Smt. Manoramma D/o Nagappa
Sri P.V. Thippeshappa S/o Nijalingappa
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
