A regular second appeal was listed for orders in the High Court of Karnataka. The appellants were present neither personally nor virtually despite being called, leading to dismissal for non-prosecution.
The regular second appeal was dismissed for non-prosecution due to lack of appearance or representation by 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.
RSA No. 619 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.619 OF 2016 (MOR)
BETWEEN:
SRINIVASA S/O LATE HANUMANTHRAYAPPA, SINCE DEAD REPRESENTED BY HIS LR'S
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
APPELLANTS 3 & 4 ARE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, SMT.ANITHA, ALL ARE RESIDENTS OF HIREBIDANUR VILLAGE, KASABA HOBILI, GOWRIBIDANUR TALUK, CHIKBALLAPUR DISTRICT - 562 108.
RSA No. 619 of 2016
8TH APPELLANT IS THE MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT.SUSHEELAMMA.
…APPELLANTS
(ABSENT)
AND:
…RESPONDENTS
(BY SRI. VENKATESH.N., ADVOCATE FOR C/R1 & 2; SRI. K.N.HARIDARSAM., ADVOCATE FOR R1 & R2)
RSA No. 619 of 2016
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
The names of appellants called out thrice in the open Court. There is no representation on behalf of appellants either personally or through video conferencing.
As could be seen from the daily order sheet, the appeal was listed on 31.05.2023. On that day, learned counsel Sri.Kempanna., was permitted to retire from the case and office was directed to show the names of appellants in the cause list and the appeal was ordered to be listed on 05.06.2023.
Accordingly, the appeal is listed today and the office has shown the names of appellants in the cause list.
As already noted above, though the names of appellants called out thrice in the open Court, there is no representation on behalf of appellants either personally or through video conferencing.
It appears that the appellants have not made any efforts to engage other advocate and appellants are not diligent in
RSA No. 619 of 2016
prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/JUDGE
NR List No.: 1 Sl No.: 36
1 provisions across 1 enactments
Srinivasa S/o Late Hanumanthrayappa
Smt. Anitha W/o Late Srinivasa
Udaya Kumar S/o Ramesh
Smt. Shakeera W/o Mukthiar
Sri Mukthiar S/o Suban Sabi
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
