Regular Second Appeal filed under Section 100 CPC was dismissed for non-prosecution as the appellant's counsel had retired and no alternative arrangements were made.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 1043 OF 2015 (INJ)
BETWEEN:
BASAVARAJAPPA, S/O LATE CHANNAPPA, SINCE DEAD BY HIS LRs
1(a) SMT. CHANDRAMMA, W/O BASAVARAJAPPA, MAJOR,
1(b) SRI KUMAR, S/O BASAVARAJAPPA, MAJOR,
BOTH ARE R/O SINGANAKUPPE VILLAGE, HOLENARSIPURA TALUK, HASSAN DISTRICT.
…APPELLANTS
(APPELLANTS - ABSENT)
Digitally signed by ANUSHA V Location: High Court Of Karnataka
AND:
SRI G.K. RUDRAPPA, S/O G.K. KADAIAH, AGED ABOUT 62 YEARS, GOHALLI VILLAGE, HALLY MYSORE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 210.
…RESPONDENT
[BY SRI V.B.SHIVAKUMAR, ADVOCATE (PH)]
THIS RSA IS FILED UNDER SECTION 100 AND ORDER XLII RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.03.2014 PASSED IN R.A.NO.07/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & J.M.F.C., HOLENARASIPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED
14.12.2012 PASSED IN O.S.NO.49/2006 ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C., HOLENARASIPURA.
THIS APPEAL IS COMING ON FOR 'ADMISSION' , THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Learned counsel for respondent is present. He would submit that impugned judgment and decree has been executed and respondent has taken possession of suit property.
Sd/(RAVI V HOSMANI) JUDGE
AV
List No.: 1 Sl No.: 35
1 issue framed by the court
Whether the appellant's failure to prosecute the appeal warrants dismissal?
2 provisions across 1 enactments
BASAVARAJAPPA, S/O LATE CHANNAPPA
SRI G.K. RUDRAPPA
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
