Second appeal arising from a suit for declaration and injunction was dismissed for non-prosecution: office objections were never complied with and no one appeared for the appellant. Costs of Rs.5,000 were imposed payable to the Chief Minister's Relief Fund.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 139 OF 2015 (DEC/INJ)
BETWEEN:
G.H.GOVINDAPPA, S/O HANUMANNA, AGED ABOUT 54 YEARS, R/O GALIHALLI VILLAGE, BIRUR POST, KADUR TALUK-577 101.
…APPELLANT
[BY SRI. HANUMANTHARAJU H., ADVOCATE (ABSENT)]
AND:
Digitally signed by ANUSHA V Location: High Court Of Karnataka
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC R/W ORDER XLII RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.09.2014 PASSED IN RA NO. 46/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, KADUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.06.2009 PASSED IN OS NO. 229/2004 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AT KADUR.
NC: 2024:KHC:43146 RSA No. 139 of 2015
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
Appeal was dismissed by order dated 25.01.2021 for non-compliance of office objections. Thereafter, appeal was restored on application for recalling said order. Even thereafter, office objections have not been complied despite grant of sufficient opportunity. None appears for appellant. This would indicate appellant is not diligent in prosecuting appeal. Hence, appeal is dismissed for non-prosecution on cost of Rs.5,000/- (Rupees Five Thousand) payable to Chief Minister's Relief Fund.
Sd/(RAVI V HOSMANI) JUDGE
AV
List No.: 1 Sl No.: 19
2 provisions across 1 enactments
G.H. Govindappa
Hanumanna
Thimmanna
Ravi V Hosmani
As recorded by the court registry
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