Miscellaneous second appeal against an appellate order restoring a suit was listed for admission on two consecutive days; no one appeared for the appellants. The High Court dismissed the appeal for non-prosecution without deciding any question of law.
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.
NC: 2024:KHC:31886 MSA No. 35 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 35 OF 2022 (RO)
BETWEEN:
BOTH ARE RESIDING AT NO.846, 9TH CROSS, SHANKARAMUTT ROAD, HASSAN - 573 201.
…APPELLANTS
(BY SRI. ABHINAY Y.T, ADVOCATE (ABSENT))
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:31886 MSA No. 35 of 2022
AGED ABOUT 65 YEARS, R/O HERAGU VILLAGE, DUDDA HOBLI, HASSAN - 573 118.
…RESPONDENTS
(BY SRI. OMKAR BASAVA PRABHU, ADVOCATE FOR R1; SRI. SANGAMES R.B, ADVOCATE FOR R2; VIDE ORDER DATED 09.06.2022, NOTICE TO R3 IS HELD SUFFICIENT)
THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC AGAINST THE JUDGMENT AND DECREE DATED 04.02.2022 PASSED IN RA.No.55/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 09.11.2021 PASSED ON IA No.8 IN OS No.42/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, TRIAL COURT IS DIRECTED TO RE-REGISTER THE CASE TO ITS ORIGINAL NUMBER AND PROCEED IN THE MATTER IN ACCORDANCE WITH LAW.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
None present on behalf of the appellants. Matter was listed from yesterday to today.
No representation of learned counsel for the appellants. Accordingly, appeal stands dismissed for non prosecution.
Sd/-
(V SRISHANANDA) JUDGE
KAV List No.: 1 Sl No.: 41/CT: BHK
1 provisions across 1 enactments
SMT. H.N. INDIRA
SMT. H.N. USHA
SMT. H.S. SUSHEELA
SRI. SRINIVASA
SRI. B.R. VASUDEV
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
