The High Court of Karnataka dismissed the regular second appeal filed under Section 100 of CPC for not taking steps due to the appellant's absence and failure to furnish process fee.
The appeal was dismissed for not taking steps to prosecute the same.
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 12TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 557 OF 2016 (PAR)
BETWEEN:
VAMANA PRABHU S/O KESHAVA PRABHU, AGED ABOUT 58 YEARS, R/AT NO.146, SRIRAMA ROAD, 2ND BLOCK, 2ND MAIN, K.R. NAGAR BANGALORE-560 028.
…APPELLANT
(BY SRI. V.S. NARAYANA, ADVOCATE)
AND:
Digitally signed by SUNITHA GANGARAJU Location: High Court of Karnataka
S/O KESHAVA PRABHU, AGED ABOUT 65 YEARS, R/AT NANINJA HOUSE, KARPE VILLAGE & POST BANTWAL TQ, UDUPI DIST. – 574 211
OPPALA TQ AND DIST-583 233
W/O HARISH PATIL AGED ABOUT 33 YEARS, TARALBETTU POST, MANIPALA UDUPI DIST. – 576 104.
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.01.2016 PASSED IN RA.NO.63/2011 ON THE FILE OF THE PRL. SR. CIVIL JUDGE AND JMFC., BANTWAL, D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.10.2011 PASSED IN OS.NO.44/2009 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., BANTWAL, D.K.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Case called twice. None appears for the appellant.
notice to the respondents. The appellant has not furnished the process fee. The matter was listed on 22.04.2021, one week time was granted to pay process in respect of unserved respondents, failing which, appeal
NC: 2023:KHC:37340 RSA No. 557 of 2016
against the said respondents stand dismissed. Notice was issued to the respondents on 22.04.2021.
In view of disposal of the appeal, pending IAs, if any, do not survive for consideration and are accordingly disposed of.
Sd/JUDGE
SKS
1 issue framed by the court
Whether the regular second appeal should be dismissed in the absence of the appellant and failure to pay process fee.
VAMANA PRABHU
GOPALAKRISHNA PRABHU
BHASKAR
PREMA
SULOCHANA
CHANDRAVATHI
ASHOK S. KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
