Regular second appeal in a partition matter was called thrice in open court with no representation for the appellants, who had not engaged new counsel after their advocate retired. The appeal was dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1075 OF 2019 (PAR)
BETWEEN:
Digitally signed by PREMCHANDRA M R
Location: High Court of Karnataka
ALL ARE RESIDING AT BOPPANAHALLI VILLAGE, BUDIKOTE HOBLI, BAGARPET TALUK, KOLAR DISTRICT-563 114.
(ABSENT)
…APPELLANTS
AND:
AGED ABOUT 61 YEARS, RESIDING AT KODIRAMASANDRA VILLAGE, KASABA HOBLI, KOLAR TALUK & DISTRICT-563 101.
RESPONDENTS 3, 4, 6 & 8 ARE RESIDING AT KRISHNAGIRI TALUK & DISTRICT, TAMIL NADU-635 110.
…RESPONDENTS
(R1, 2 AND 5-SERVED AND UNREPRESENTED)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELIEFS.
THIS REGULAR SECOND APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
The names of the appellants are called out thrice in the open Court. There is no representation on behalf of the appellants. The appellants are absent.
As could be seen from the appeal papers, initially the appellants were represented by counsel Sri.S.Visweswaraiah. This Court vide order dated 06.11.2024, permitted counsel Sri.S.Visweswaraiah., to retire from the case and office was directed to list this matter on 08.11.2024 by printing the names of the appellants in the cause list.
The appeal is listed today by printing the names of the appellants in the cause list. The appellants have neither made any efforts to engage the services of other advocate nor conducted the case as a party in person. As already noted above, the names of the appellants are called out thrice in the open Court, there is no representation on behalf of the
NC: 2024:KHC:45234 RSA No. 1075 of 2019
appellants. The appellants are absent. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-
prosecution .
Sd/(JYOTI MULIMANI) JUDGE
MRP List No.: 2 Sl No.: 10
1 provisions across 1 enactments
Venkataswamy s/o Late Doddaramappa
Puliyeandra s/o Venkataswamy
Ramaswamy s/o Venkataswamy
Mangamma w/o Late Chikkaramappa
Muniyamma w/o Muniyappa
Parvathamma d/o Late Elappa
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
