Regular second appeal pending since 2019; appellant unrepresented when the matter was called twice on the day of hearing and previously on 30.10.2024. The court concluded the appellant was not interested in prosecuting the appeal and dismissed it for non-prosecution.
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NC: 2024:KHC:44527 RSA No. 1590 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO. 1590 OF 2019 (POS)
BETWEEN:
SRI. M.C.DINESH S/O M.N.CHIKKATHIMMAIAH, AGED ABOUT 55 YEARS, R/AT MADDUR VILLAGE, YELANDUR TALUK, CHAMARAJANAGAR DISTRICT-571 313.
…APPELLANT
(BY SRI. RAVISHANKAR.S. & SRI. DAYANANDA.S., ADVOCATES [ABSENT])
AND:
SMT. BHAGYAMMA W/O M.N.CHIKKATHIMMAIAH, AGED ABOUT 72 YEARS, Digitally signed by RA/T MADDURU VILLAGE, THEJASKUMAR N YELANDUR TALUK, Location: High Court of CHAMARAJANAGAR DISTRICT-571 313. Karnataka
…RESPONDENT
(BY SRI. K.M.BASAVANNA., ADVOCATE)
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 DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER:
NC: 2024:KHC:44527 RSA No. 1590 of 2019
ORAL ORDER
When the matter was called in the forenoon session, counsel on behalf of Sri.Ravishankar.S., for the appellant had appeared in person and sought for pass-over.
The matter was passed over and it was made clear that when the matter is called second time and if none appears for the appellant, an appropriate order will be passed.
When the matter is called in the afternoon session, 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 daily order sheet, the appeal was listed on 30.10.2024, on that day, when the matter was called, there was no representation on behalf of the appellant, either personally or through video conferencing. Hence, the appeal was ordered to be listed under the caption 'for dismissal' on 05.11.2024.
The appeal is listed today under the caption 'for dismissal'. As could be seen from the appeal papers, the appeal is filed in the year 2019. Now we are in the month of November 2024. The appeal is pending from five years. As already noted
NC: 2024:KHC:44527 RSA No. 1590 of 2019
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.: 1 Sl No.: 17
1 provisions across 1 enactments
Sri. M.C. Dinesh S/o M.N. Chikkathimmaiah
Smt. Bhagyamma W/o M.N. Chikkathimmaiah
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
