Regular second appeal filed under Sec. 100 of CPC dismissed for non-prosecution as the appellant failed to appear when listed after being granted time to produce a certified copy of the valuation slip.
Appeal dismissed for non-prosecution; pending interim applications disposed of.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1692 OF 2013 (DEC/INJ)
BETWEEN:
SMT. KAMALAMMA D/O PUTTASWAMACHAR, AGED ABOUT 56 YEARS, R/O HALE SANTHE MAIDANA, OLD POST OFFICE, CHANNARAYAPATNA TOWN, HASSAN DISTRICT-573 116
…APPELLANT
(BY SMT. SHOBHA H K., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
2(A) SRI RANGACHARI, S/O PUTTASWAMICHAR, MAJOR, R/O ARALIKATTE, KOTE,
NC: 2024:KHC:38960 RSA No. 1692 of 2013
CHANNARAYAPATNA TOWN, HASSAN DISTRICT-573 116
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 25.7.2013 PASSED IN R.A.NO.11/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.2.2010 PASSED IN O.S.NO.511/2000 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC., CHANNARAYAPATNA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
Case called twice. None appears for the appellant.
This Court vide order dated 19.02.2024, granted time for filing fresh certified copy of the valuation slip. In case, the appellant fails to produce certified copy of the valuation slip, the matter shall be listed for dismissal. Even today, case called. None appears for the appellant. It seems that the appellant is not interested in prosecuting the appeal in view of peremptory order.
Accordingly, the appeal is dismissed for
non-prosecution.
In view of disposal of the appeal, pending IAs, if any,
do not survive for consideration and accordingly disposed of.
Sd/(ASHOK S.KINAGI) JUDGE
SKS
Smt. Kamalamma D/o Puttaswamachar
Smt. Pushpavathi W/o K H Sannegowda
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
