Second appeal against decrees in a specific performance suit was dismissed for non-prosecution as the appellant failed to appear and showed no interest in prosecuting the appeal.
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NC: 2024:KHC-D:17328 RSA No. 100158 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO. 100158 OF 2018 (SP)
BETWEEN:
SHRI RAMALINGA S/O. DUNDAPPA DESAI, AGE: 45 YEARS, OCC. AGRICULTURE/BUSINESS, R/O. PLOT NO.24, 1ST CROSS, JAIL HOUSING SOCIETY, VEERBHADRA NAGAR, BELAGAVI-590001.
… APPELLANT
(BY SRI. ASHOK A. NAIK AND SRI. NAVEEN CHATRAD, ADVOCATES)
AND:
Digitally
signed byVISHAL
VISHALNINGAPPA NINGAPPAPATTIHAL
PATTIHAL Date:
2024.11.27
10:35:30
+0530
… RESPONDENTS
(R1 & R2 - NOTICE SERVED)
THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.11.2017 PASSED IN R.A.NO.55/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., KHANAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.02.2016 PASSED IN E.P.148/2008 ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C. KHANAPUR, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.
NC: 2024:KHC-D:17328 RSA No. 100158 of 2018
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
Noting the absence of the learned counsel for the appellant, the matter was directed to be listed for dismissal today. Even today there is no representation on behalf of the appellant. The appeal is of the year 2018. It appears that the appellant is not interested to prosecute the appeal. This Court has no option but to dismiss the appeal for non-prosecution, accordingly, the appeal is
dismissed for non-prosecution .
Sd/-
(JUSTICE K.S.HEMALEKHA)
RH CT:PA LIST NO.: 1 SL NO.: 50
1 provisions across 1 enactments
Shri Ramalinga S/o Dundappa Desai
Smt. Sahebibi W/o Abdulsab A Nadaf
Shri Dawalsab S/o Abdulsab A Nadaf
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
