The High Court of Karnataka dismissed Regular Second Appeal No. 1440 of 2018 for non-prosecution, as the appellant's counsel failed to appear after a warning was issued.
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NC: 2024:KHC:20959 RSA No. 1440 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2024 BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 1440 OF 2018 (SP)
BETWEEN:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
M BHASKAR S/O LATE MUNIVENKATAPPA AGED ABOUT 49 YEARS AGRICULTURIST R/AT KUDAVANAHALLI VILLAGE, HOLUR HOBLI KOLAR TALUK & DISTRICT-563 101.
(BY SRI. RAGHAVENDRA K, ADVOCATE) ABSENT
…APPELLANT
AND:
C H NARAYANASWAMY
S/O VENKATARAVANAPPA AGED ABOUT 80 YEARS AGRICULTURIST R/O GULPET, KOLAR CITY-563 101
…RESPONDENT
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 27.04.2018 PASSED IN R.A.NO.83/2017 PASSED BY THE COURT OF THE III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR IN SO FAR AS THE DISMISSAL OF THE APPEAL FOR THE SPECIFIC PERFORMANCE OF CONTRACT AND CONSEQUENTLY TO SET ASIDE THE JUDGMENT AND DECREE DATED 17.04.2017 PASSED IN OS.NO.814/2011 ON THE FILE OF THE I ADDL.CIVIL JUDGE JMFC, KOLAR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:20959 RSA No. 1440 of 2018
JUDGMENT
This matter is of the year 2018. The matter was listed on 30.05.2024 and learned counsel for appellant was absent and this Court also noticed that in the previous occasion also i.e., on 06.02.2024, none appears on behalf of the appellant and also made an observation that the appellant is not pursuing the matter diligently. However, in the ends of justice, one more opportunity was given to the counsel for appellant and also made it clear that if the counsel for appellant does not appear in the next date of hearing, the appeal will be dismissed for non-prosecution. In spite of the said order, the appellant’s counsel is absent and not pursuing the matter diligently and hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
BSS List No.: 1 Sl No.: 64
M Bhaskar
C.H. Narayananaswamy
H.P. Sandesh
As recorded by the court registry
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