Second appeal from 2014 against a first appellate decree in a property suit. Noting the appellant's absence on three prior hearing dates and lack of diligence, the High Court dismissed the appeal for non-prosecution.
None; appeal dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.1022 OF 2014 (INJ)
BETWEEN:
SRI S. SHIVAPPA, S/O K.R. SHANKARAPPA, AGED ABOUT 59 YEARS, R/AT YENADAHALLI VILLAGE, HUTHUR HOBLI, KOLAR DISTRICT - 563 101.
…APPELLANT
[BY SRI G.A. SRIKANTE GOWDA, ADVOCATE(ABSENT)]
AND:
Digitally signed by GURURAJ D Location: High Court of Karnataka
BOTH ARE R/AT NERNAHALLI VILLAGE, HUTHUR HOBLI, KOLAR DISTRICT - 563 101.
(BY SRI UMESH B N, ADVOCTAE FOR C/R1; SRI M. CHANDRAPPA, ADVOCATE FOR 2)
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.06.2014 PASSED IN R.A.NO.169/2012 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, KOLAR ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.07.2012 PASSED IN O.S.NO.27/2008 ON THE FILE OF PRL. CIVIL JUDGE, KOLAR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for respondents present.
Perusal of order sheet would indicate that there was no representation for appellant on three previous dates of hearing. This would indicate that appellant is not diligent in pursuing appeal though, it is of year 2014. Hence, appeal is dismissed for non-prosecution.
Sd/JUDGE
GRD
1 issue framed by the court
Should the regular second appeal be admitted where the appellant failed to appear on three previous hearing dates?
1 provisions across 1 enactments
Sri S. Shivappa
Sri Narayanappa
Smt. Munivenkatamma
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
