Appeal heard on non-prosecution. Appellants had no representation for four years. Court dismissed appeal for non-prosecution and non-compliance of office objections.
Dismissal of the Regular Second Appeal 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. 917 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.917 OF 2019 (PAR)
BETWEEN:
DR. C S SATHYANARAYANA SINCE DECEASED BY LR'S
RESPONDENT No.1 TO 3 ARE R/AT NO.29, 2ND CROSS 1ST MAIN ROAD, J.S. NAGAR BENGALURU.
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
APPELLANTS
(BY SRI. K V SHYAMAPRASADA., ADVOCATE [ABSENT])
AND:
RSA No. 917 of 2019
AGED ABOUT 85 YEARS, R/AT NO.291, 1ST STAGE, INDUSTIAL SUBRUB, VIDYARANYAPURAM, MYSURU - 570 014.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
THIS APPEAL IS COMING ON FOR ORERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
When the matter is called there is no representation on
behalf of appellants.
The appeal is listed today for orders regarding noncompliance of office objections for fourth time.
As could be seen from the appeal papers, the appeal is filed in the year 2019. Now we are in the month of May 2023.
RSA No. 917 of 2019
It's been four years. So far, office objections are not complied with.
It appears that the appellants have not instructed the counsel on record to comply office objections and appellants are not diligent in prosecuting the appeal.
As already noted above, when the matter is called, 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.: 11
1 issue framed by the court
Whether the appeal ought to be dismissed for non-prosecution and non-compliance of office objections.
1 provisions across 1 enactments
Dr. C S Sathyanarayana since deceased by LRs Sri C.S. Somasundara and others
Sri C S Nagabhushan and others
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
