Regular second appeal arising from final decree proceedings was dismissed for non-prosecution as the appellants, despite repeated opportunities, failed to take steps to serve notice on respondents.
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.100465 OF 2015
BETWEEN:
Digitally signed by BHARATHI H M
Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
OCC: AGRICULTURE, R/O. NAVALUR TQ: DIST: DHARWAD.
VIDE ORDER DATED 28.11.2018, APPELLANTS NO.5, 7 TO 10 ARE TREATED AS LEGAL REPRESENTATIVES OF DECEASED APPELLANT NO.11.
…APPELLANTS
(BY SRI S.B.MALLIGAWAD, ADVOCATE FOR B.K.MALLIGAWAD, ADVOCATE AND P.G.CHIKKANARAGUND, ADVOCATE VIDE ORDER DATED 28.11.2018, APPELLANTS 5 AND 7 TO 10 ARE TREATED AS LRS OF DECEASED A11)
AND:
NC: 2024:KHC-D:12652 RSA No. 100465 of 2015
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE ORDER OF THE TRAIL COURT DATED 21.06.2014 IN FDP NO.1/1999 BY I ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD AND JUDGMENT AND ORDER DATED 15.04.2015 PASSED BY THE IV ADDITIONAL DISTRICT JUDGE, DHARWAD IN R.A.NO.4/2015 BY ALLOWING THE APPEAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORAL ORDER
The appellants have not taken steps to respondents so as to issue notice to them, in spite of several opportunities being given.
This Court on 01.04.2022 has ordered to issue notice to respondents, but till today, the appellants have not taken steps. Therefore, the appellants may not be interest in prosecuting this appeal. Hence, the appeal is dismissed for
non prosecution for having not taken steps to respondents.
Sd/(HANCHATE SANJEEVKUMAR) JUDGE
List No.: 1 Sl No.: 1
SRA CT:GSM
1 provisions across 1 enactments
Smt. Karevva w/o Gangappa Shivammanavar
Mohan s/o Buddivantappa Shivammanavar
Narayan s/o Buddivantappa Shivammanavar
Somanna s/o Buddivantappa Shivammanavar
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
