A regular second appeal pending since 2020 was listed for dismissal after the appellants were unrepresented on consecutive days; the court dismissed the appeal for non-prosecution.
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NC: 2024:KHC:43630 RSA No. 1380 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1380 OF 2020 (PAR)
BETWEEN:
BOTH ARE R/AT SINGENA AGRAHARA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE-562 106.
PRESENTLY RESIDING AT NO.375 8TH CROSS, 3RD BLOCK, HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560 097. …APPELLANTS
Digitally signed by THEJASKUMAR N Location: High (BY SRI. N.THIMMEGOWDDA., ADVOCATE [ABSENT]) Court of Karnataka
AND:
KEMAPURADA APPAIAH D/O. DYAVAIAH, SINCE DECEASED BY HIS LRS, I.E. RESPONDENTS NO. 1 AND 2 WHO WERE ALREADY ON RECORD BEFORE THE TRIAL COURT
NC: 2024:KHC:43630 RSA No. 1380 of 2020
AGED ABOUT 75 YEARS,
…RESPONDENTS
(BY SRI. G.S.PRASAD REDDY., ADVOCATE FOR C/R4)
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
When the case is called, the appellants are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case.
As could be seen from the daily order sheet, the appeal was listed on 28.10.2024, on that day, there was no representation on behalf of the appellants. Hence, the office was directed to list this matter under the caption 'for dismissal' on 29.10.2024.
The appeal is listed today under the caption 'for dismissal'. As already noted above, when the matter is called, the appellants are not represented. As could be seen from the appeal papers, the appeal is filed in the year 2020. Now we are in the month of October 2024. The appeal is pending from four years. 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
TKN
List No.: 2 Sl No.: 99
1 issue framed by the court
Should the Regular Second Appeal be dismissed for non-prosecution given repeated absence of the appellants' advocate?
1 provisions across 1 enactments
Shri Seetharam S/o. Krishnappa
Smt. Mamatha W/o. Sathish
Shri Narayanappa S/o. Kempapurada Appaiah
Shri Krishnappa S/o. Appaiah
Shri N.Ramesh S/o. Sri. Narayanappa
Shri N.Murthy S/o. Sri. Narayanappa
Jyoti Mulimani
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
