This order dismisses a Regular Second Appeal under Section 100 CPC for non-prosecution because the appellant failed to take steps regarding non-present respondent No.2 within the court-granted one-week notice period.
The appeal was dismissed for non-prosecution pending steps against respondent No.2.
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. 7247 of 2011
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR. JUSTICE C.M. JOSHI
REGULAR SECOND APPEAL NO. 7247 OF 2011(DEC)
BETWEEN:
Digitally signed by SOMANATH PENTAPPA MITTE Location: High Court of Karnataka
RSA No. 7247 of 2011
AND:
…RESPONDENTS
(BY SRI SACHIN M. MAHAJAN, ADVOCATE)
THIS REGUAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 10.02.2011 PASSED IN REGUAR APPEAL NO.216/2010 ON THE FILE OF THE FAST TRACK COURT AT BASAVAKALYAN, DIST. BIDAR, ALLOWING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.10.2004 PASSED IN ORIGINAL SUIT NO. 13/1995 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AT BASAVAKALYAN.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
RSA No. 7247 of 2011
JUDGMENT
steps are not taken for issuance of notice to respondent No.2.
"Learned counsel for appellant seeks a week's time to take steps in respect of respondent No.2. He is permitted to take steps in respect of respondent No.2 within a week.
If steps are not taken within a week, list the matter on 14.03.2023 for dismissal of the appeal."
3. It is evident that the steps are not taken
against respondent No.2. Hence, the appeal stands dismissed for non-prosecution.
Sd/JUDGE
SBS List No.: 1 Sl No.: 21
NEELAMMA W/O LAXMAN
ISMALA @ ISMAILA S/O GOVINDAPPA HARIJAN
PRAKASH S/O LATE LAXMAN HARIJAN
SUBHASH S/O LATE LAXMAN HARIJAN
BANDEPPA S/O LATE DAULAPPA CHOUDAKKE
MALLAMMA W/O LINGAPPA GHANER
C.M. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
