Regular Second Appeal filed under Sec. 100 CPC was dismissed as the appellants/parties appeared in person after the representative counsel retired, indicating lack of interest in prosecuting the appeal.
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 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 719 OF 2015 (POS)
BETWEEN:
Digitally signed by SUNITHA GANGARAJU Location: High Court of Karnataka
AGED ABOUT 25 YEARS,
APPELLANT Nos. 1-5 ARE R/AT CHEERANAHALLI VILALGE, KOTHATHI HOBLI, MANDYA TALUK & DISTRICT-571401.
…APPELLANTS
AND:
SRI YALLAKKIGOWDA S/O LATE NEELEGOWDA,
NC: 2023:KHC:36409 RSA No. 719 of 2015
AGED ABOUT 46 YEARS, R/AT CHEERANAHALLI VILLAGE, KOTHATHI HOBLI, MANDYA TALUK & DISTRICT - 571401.
…RESPONDENT
(BY SRI. N SHANKARNARAYANA BHAT., ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.8.2014 PASSED IN R.A.NO.61/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.7.2007 PASSED IN O.S.NO.195/2004 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., MANDYA.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal was preferred by Legal Services Authority and the matter was entrusted to Smt. B.V. Vidyulatha by the Legal Services Authority, thereafter, the appellants have taken all the papers from the learned counsel Smt. B.V.Vidyulatha and she has filed acknowledgment dated 07.06.2016. This Court vide order dated 19.07.2018, permitted Smt. B.V.Vidyulatha to retire from the case for the appellants. Names of appellants are shown in the cause list. Case called out. None appeared for the
NC: 2023:KHC:36409 RSA No. 719 of 2015
appellants/parties-in-person. As the matter is of the year 2016, it seems that the appellants are not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non prosecution.
In view of the disposal of the appeal, pending I.As, if
any, do not survive for consideration and are accordingly disposed of.
Sd/JUDGE
SKS
SMT SIDDAMMA W/O LATE MALLAIAH AND OTHERS
SRI YALLAKKIGOWDA S/O LATE NEELEGOWDA
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
