In a regular second appeal under Section 100 CPC, the High Court of Karnataka dismissed the appeal for non-prosecution as the appellant's counsel did not appear diligent.
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 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 131 OF 2014 (SP)
BETWEEN:
SMT. RANGAMMA @ PARVATHAMMA, W/O DEVASHETTY, AGED ABOUT 72 YEARS, R/O NEAR H.R.P.WORKSHOP, GORUR - 573120, HASSAN TALUK.
…APPELLANT
[BY SRI R.N.UDAY KUMAR, ADVOCATE FOR SRI JWALA KUMAR, ADVOCATE (PH)]
AND:
Digitally signed by ANUSHA V
Location: High Court of Karnataka
R/AT BRAMHANARA BEEDI, GORUR VILLAGE & POST, KATTAYA HOBLI, HASSAN TALUK-573 120.
…RESPONDENTS
(BY SRI. CHETHAN B., ADVOCATE FOR C/R1(c); V/O DATED 15.06.2016, NOTICE TO R1(a) H/S; R2 & R3 ARE SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 11.10.2013 PASSED IN R.A.NO.71/2007 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.04.2007 PASSED IN
NC: 2024:KHC:42597 RSA No. 131 of 2014
O.S.NO.407/1997 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC-II, HASSAN.
THIS APPEAL IS COMING ON FOR ORDERS , THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Submission is made by Sri R.N.Uday Kumar, learned counsel that Sri Jwala Kumar, learned counsel for appellant intends to retire from case.
Since necessary steps are not taken in time, this would indicate that appellant is not diligent in prosecuting appeal. Appeal is dismissed for non-prosecution.
Sd/(RAVI V HOSMANI) JUDGE
AV
List No.: 1 Sl No.: 8
Smt. Rangamma @ Parvathamma
H. Sampath Iyengar & Others
Ravi V Hosmani
As recorded by the court registry
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