Regular Second Appeal filed for specific performance dismissed for non-prosecution as the appellant was absent despite multiple postings while the respondent was present.
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. 7251 of 2011
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 3RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 7251 OF 2011 (SP)
BETWEEN:
TQ.SINDAGI, DIST.BIJAPUR
…APPELLANT
(BY SMT. JAYASHREE M BIRADAR, ADVOCATE-ABSENT)
AND:
Digitally signed by SOMANATH PENTAPPA MITTE Location: High Court of Karnataka
…RESPONDENT
(BY SRI. SANJEEVKUMAR C PATIL, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 20-01-2011 PASSED IN RA No.210/2005 BY THE FAST TRACK COURT I BIJAPUR CONFIRMING THE JUDGMENT AND DECREE OF THE TRIAL COURT DATED 20-11-2004 PASSED IN OS NO.127/2003 AND TO DECREE THE SUIT OF THE PLAINTIFF BY GRANTING THE RELIEF OF SPECIFIC PERFORMANCE OF CONTRACT AND ETC.
RSA No. 7251 of 2011
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellant.
A perusal of the records reveal that when the matter was posted on 23-01-2023, 08-02-2023 and 16-02-2023, there is no representation on behalf of the appellant. However, learned counsel for respondent was present on all those occasions. In the absence of any reason to adjourn the matter suo moto, the appeal is dismissed for non-prosecution.
Sd/JUDGE
tsn* List No.: 1 Sl No.: 47
1 provisions across 1 enactments
CHANDRASHEKAR S/O MADIWALAPPA NAIKODI
SMT. KAMALABAI W/O PRAHALDRAO KULKERNI
C M Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
