Regular second appeal in a partition matter pending since 2018; appellants repeatedly unrepresented on the date of hearing, so the appeal was dismissed for non-prosecution.
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NC: 2024:KHC:50248 RSA No. 147 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2024 BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 147 OF 2018 (PAR)
BETWEEN:
ALL ARE RESIDING AT: KUMBARARADODDI, K.P.DODDI, NEAR SILK FARM, KYLANCHA HOBLI, RAMANAGARA TALUK AND DISTRICT-513 210.
…APPELLANTS
Digitally signed by (BY SRI. SUMANTH.L.BHARADWAJ., ADVOCATE [ABSENT]) THEJASKUMAR N Location: High Court of AND: Karnataka
MUDDUMALLEGOWDA @ SHIVANNA S/O SIDDARAMAIAH, AGED ABOUT 63 YEARS, R/O GOWDAIHNADODDI, KYLANCHA HOBLI, RAMANAGARA TALUK & DISTRICT-513 210.
…RESPONDENT
(BY SRI. H.JAYANTH., ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908.
NC: 2024:KHC:50248 RSA No. 147 of 2018
THIS REGULAR SECOND APPEAL IS LISTED FOR ADMISSION, 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 21.11.2024, on that day, there was no representation on behalf of the appellants, either personally or through video conferencing. Hence, for appearance of counsel for the appellants, the appeal was ordered to be listed on 05.12.2024.
The appeal is listed today. As could be seen from the appeal papers, the appeal is filed in the year 2018. Now we are in the month of December 2024. The appeal is pending from six years. As already noted above, when the case is called, the appellants are not represented. 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.: 1
1 provisions across 1 enactments
Smt. Vijayalakshmamma
Babu @ Sathish Babu
Shashikumar K.P.
Muddumallegowda @ Shivanna
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
