Regular second appeal arising from a partition suit dismissed for non-prosecution as counsel for the appellant failed to appear despite prior warning.
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NC: 2024:KHC:26793 RSA No. 1182 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1182 OF 2020 (DEC)
BETWEEN:
…APPELLANT (BY SRI. DEVARAJ G., ADVOCATE)
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
RESPONDENT NOS.6 AND 7 ARE R/AT NEAR JANATHA RICE MILL, TALIPADY VILLAGE, MANGALORE TALUK, MANGALORE.
…RESPONDENTS
THIS RSA FILED UNDER SEC.100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 20.11.2019 PASSED IN R.A.NO.125/2009 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 15.09.2009 PASSED IN O.S.NO.172/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN) AND ACJM, KARKALA.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant is absent. This Court vide order dated 25.06.2024 given an opportunity to the counsel and made it clear that if counsel does not appear in the next date of hearing, appeal will be dismissed in the next date of hearing. Inspite of the order, the counsel is absent today and not pursuing the matter diligently. Hence, the second appeal is dismissed for nonprosecution.
RHS
List No.: 1 Sl No.: 73
Sd/JUDGE
1 provisions across 1 enactments
C. Srinivasa Rao
Geetha
Shrimathi
Gururaja Rao
P. Padma Varier
K. Damodar Acharya
H.P. Sandesh
As recorded by the court registry
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