Regular second appeal filed under CPC Section 100; dismissed for non-prosecution as appellant did not appear and failed to take required steps despite time granted.
Appeal dismissed for non-prosecution for failing to appear and take steps.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 12 OF 2013 (PAR)
BETWEEN:
B. HEMANTH KUMAR, S/O BALARAMEGOWDA, AGED 27 YEARS, R/O CHIKKAKOPPAL VILLAGE, CHUNCHANAKATTE HOBLI, K.R. NAGAR TALUK, MYSORE DISTRICT.
…APPELLANT
[BY SRI H.S. SANTHOSH, ADVOCATE (ABSENT)]
AND:
2(a) SMT. PRABHAVATHI, W/O LATE KUCHELA, AGED ABOUT 45 YEARS,
NC: 2024:KHC:43510 RSA No. 12 of 2013
AGED ABOUT 25 YEARS,
ALL ARE RESIDING AT CHIKKAKOPPAL, CHUNCHANAKATTE HOBLI, K.R.NAGAR TALUK, MYSORE DISRTRICT - 570 001.
NC: 2024:KHC:43510 RSA No. 12 of 2013
RESPONDENTS 6 & 7 R/AT MUDDANAHALLI VILLAGE, K.R.NAGAR TALUK, MYSORE DISTRICT - 570 001.
…RESPONDENTS
[R1, R2(a), R2(b), R2(d), R5 TO R8 ARE SERVED; V/O DATED 18.03.2019, APPEAL AGAINST R3 & R4 ARE DISMISSED AS ABATED]
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 12.09.2012 PASSED IN R.A.NO.1171/2010 ON THE FILE OF C/C II ADDITIONAL DISTRICT JUDGE, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 05.10.2010 PASSED IN OS.NO.580/2007 ON THE FILE OF CIVIL JUDGE (SR.DN.), K.R.NAGAR.
THIS APPEAL IS COMING ON FOR DISMISSAL , THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Perusal of order sheet reveals that by orders dated 27.06.2024 and 25.09.2024, appellant was granted time to take steps in respect of respondents no.2(c) and 9. Failing which, appeal was ordered to be listed for dismissal.
NC: 2024:KHC:43510 RSA No. 12 of 2013
None appears for appellant and steps are also not taken till today. This would indicate that appellant is not diligent in pursuing appeal. Appeal is dismissed for non-prosecution.
Sd/(RAVI V HOSMANI) JUDGE
AV
List No.: 1 Sl No.: 26
1 provisions across 1 enactments
B. HEMANTH KUMAR
BALARAMEGOWDA
PRABHAVATHI
CHAITHNYA
PALLAVI
RANJITHA
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
