A regular second appeal pending since 2018 was called twice with no representation for the appellant. Observing the appellant appeared uninterested in prosecuting the appeal, the court dismissed it for non-prosecution.
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.
NC: 2024:KHC:45509 RSA No. 1433 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1433 OF 2018 (INJ)
BETWEEN:
CHANDAPPA MOOLYA AGED ABOUT 41 YEARS, S/O LATE RAMA MOOLYA, R/AT GAMPADAKODI HOUSE, DURGA VILLAGE, KARKALA TALUK.
…APPELLANT
(BY SRI. VINOD KUMAR.B.N. AND SRI. BIPIN HEGDE., ADVOCATES [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
BOTH ARE RESIDING AT DARKAS HOUSE, YENNEHOLE, MARNE VILLAGE, KARKALA TALUK-574 101.
…RESPONDENTS
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 ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER:
NC: 2024:KHC:45509 RSA No. 1433 of 2018
ORAL ORDER
Though matter called twice, the appellant is 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 appeal papers, the appeal is filed in the year 2018. Now we are in the month of November 2024. The appeal is pending from six years. As already noted above, though matter called twice, the appellant is not represented. It appears that the appellant is 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.: 10
1 issue framed by the court
Should the appeal be dismissed for non-prosecution given the appellant's repeated absence?
1 provisions across 1 enactments
Chandappa Moolya
Narayana Moolya
Smt. Baby Moolya
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
