Regular second appeal dismissed for non-prosecution: despite earlier time granted to take steps and comply with office objections, appellant did not act, indicating lack of diligence in pursuing the appeal.
Appeal dismissed for non-prosecution; no relief granted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.1465 OF 2016 (PAR)
BETWEEN:
RAFEEQ AHAMED ALIAS RAFI SAHEB, S/O LATE CHOTA SAB, AGED ABOUT 42 YEARS, AGRICULTURIST, R/A CHIKANERALE VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT - 571 107.
…APPELLANT
[BY SRI N. SURESHA, ADVOCATE (AB)]
AND:
Digitally signed by ANUSHA V Location: High Court Of Karnataka
RESPONDENTS NO.2 TO 4 ARE R/A CHIKKANERALE VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT - 571 107.
10(e) SALMAN, S/O SHAREEF, AGED ABOUT 18 YEARS, RESPONDENTS NO.10 (a) TO 10(e) ARE R/A KUMBARAGHATTA VILLAGE, DUDDA POST, GANASI TALUK, HASSAN DISTRICT - 573 201.
…RESPONDENTS
[R1, R5, R6, R8, R9, R10(a - c), R10(e) & R11 ARE SERVED & UNREPRESENTED]
THIS RSA FILED UNDER SEC. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.06.2016 PASSED IN R.A.NO.14/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., PERIYAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 14.07.2011 PASSED IN O.S.NO.92/2006 ON THE FILE OF THE CIVIL JUDGE AND JMFC., PERIYAPATNA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Perused order dated 02.08.2019, same reads as follows:
"None appears.
The learned counsel for the appellant shall take necessary steps and comply with the office objections on I.A.2/17 within three weeks. If needful is not done, the office shall list the appeal for dismissal of the appeal as against the unserved respondents and also for dismissal of the application."
NC: 2024:KHC:52031 RSA No. 1465 of 2016
Despite granting sufficient time, steps are not taken. This would indicate that appellant is not diligently pursuing appeal.
Hence, appeal is dismissed for non-prosecution.
Sd/(RAVI V HOSMANI) JUDGE
GRD
List No.: 1 Sl No.: 18
1 provisions across 1 enactments
Rafeeq Ahamed alias Rafi Saheb
Ameen Bee
Sahin Taj
Shafeer Taj
Shana Taj
Shafi Ahamed
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
