The High Court dismissed a regular second appeal filed under Section 100 CPC as the appellants failed to engage counsel within the stipulated time despite prior warnings, indicating lack of interest in pursuing the matter diligently.
Appeal dismissed due to non-engagement of counsel and absence of appellants.
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 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.432 OF 2021 (INJ)
BETWEEN:
…APPELLANTS
(SMT. GANGAMMA & SRI APPI – APPELLANTS - ABSENT)
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
AND:
K.R. SHIVANNA S/O LATE RANGA @ RANGAIAH, AGED ABOUT 64 YEARS, R/AT KODIHALLI VILLAGE, AMBLE HOBLI AND POST, CHIKKAMAGALURU-577101
…RESPONDENT
THIS RSA IS FILED UNDER SECTION 100 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.06.2020 PASSED IN R.A.NO.70/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.10.2019 PASSED IN O.S.NO.184/2016 ON THE FILE OF THE 2ND ADDL. CIVIL JUDGE AND JMFC, CHIKKAMAGALURU.
NC: 2023:KHC:29197 RSA No. 432 of 2021
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellants even though had acknowledged the notice of retirement sent by their counsel on 04.06.2021, till date they have not engaged the counsel and hence, it appears that the appellants are not interested in pursuing the matter diligently.
engaged the counsel. Hence, the appeal is dismissed .
Sd/JUDGE
SN
List No.: 1 Sl No.: 17
1 provisions across 1 enactments
GANGAMMA W/O LATE KENCHAIAH
APPI S/O KENCHAIAH
K.R. SHIVANNA S/O LATE RANGA
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
