The High Court of Karnataka dismissed a Regular Second Appeal for non-prosecution and non-compliance of office objections. The appeal, filed in 2018, remained unrepresented for five years until May 2023.
The Regular Second Appeal is dismissed for non-prosecution and non-compliance of office objections.
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. 886 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.886 OF 2018 (DEC)
BETWEEN:
S/O LATE MOHAMMED HANEEF, AGED ABOUT 58 YEARS,
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
RSA No. 886 of 2018
ALL ARE R/O MASJID ROAD/KATUGARA STREET, RENUKANMBA CROSS ROAD, CHANNARAYAPATNA TOWN.
…APPELLANTS
(BY SRI. KRISHNA MURTHY.N., ADVOCATE [ABSENT])
AND:
…RESPONDENT
( BY SRI. SYED IRSHAD AHMAD, ADVOCATE FOR C/R; SRI. SANCHAN JANARDAN, ADVOCATE FOR C/R)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE 1908, SEEKING CERTAIN RELEIFS
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though matter called twice, there is no representation on
behalf of appellants.
The appeal is listed today for orders regarding noncompliance of office objections.
RSA No. 886 of 2018
As could be seen from the appeal papers, the appeal is filed in the year 2018. Now we are in the month of May 2023. It's been five years. So far, office objections are not complied with.
As already noted above, though matter called twice, there is no representation on behalf of appellants. Hence, the Regular Second Appeal is dismissed for non-prosecution and also for non-compliance of office objections.
Sd/JUDGE
TKN List No.: 1 Sl No.: 44
2 issues framed by the court
Whether an appeal should be allowed to proceed despite non-compliance of office objections and non-representation.
Whether an appeal should be dismissed for non-prosecution in absence of representation for five years.
Sri Mohammed Haneef and Others
Smt. Dilshad Jan
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
