Appeal filed under Section 100 of CPC. First appellant died leading to abatement. Remaining appellants did not appear or enter representation. Court dismissed appeal for non-prosecution.
Appeal dismissed for non-prosecution. Appeal abated as against appellant No. 1.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO. 1707 OF 2016 (DEC/INJ)
BETWEEN:
KARIBASAVAIAH,
S/O. LATE GURUSIDDAIAH,
SINCE DEAD BY LEGAL REPRESENTATIVES,
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
S/O. LATE GURUSIDDAIAH, AGED ABOUT 50 YEARS, ALL ARE AGRICULTURISTS, RESIDENTS OF DODDAGUNI, NITTURU HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572 216.
…APPELLANTS
(A1 - ABATED, VIDE ORDER DATED 22.08.2024; A2 TO A4 - COURT NOTICE SERVED UNREPRESENTED)
NC: 2024:KHC:33874 RSA No. 1707 of 2016
AND:
ALL RESIDENTS OF DODDAGUNI, NITTURU HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572 216.
…RESPONDENTS
(BY SRI. H. SUNIL KUMAR, ADVOCATE FOR R1 TO R3)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.06.2016 PASSED IN RA NO.29/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, GUBBI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.02.2012 PASSED IN OS NO.63/1999 ON THE FILE OF THE PRL. CIVIL JUDGE, GUBBI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
The Court notice issued to the appellants have returned with bailiff report indicating that appellant No.1 is
died and appellant Nos.2 to 4 are served.
there is no representation on behalf of the appellants.
interested in prosecuting the appeal, hence, the appeal
stands dismissed for non-prosecution.
Sd/(K.S. HEMALEKHA) JUDGE
AT List No.: 1 Sl No.: 8 CT: BHK
3 issues framed by the court
Whether the regular second appeal instituted by the appellants stands dismissed for non-prosecution.
Whether the appeal stands abated as against the deceased first appellant.
Whether the appeal filed by the remaining appellants stands dismissed due to their non-appearance and lack of representation.
Karibasavaiah, S/o. Late Gurusiddaiah, Since Dead by Legal Representatives, 1. Smt. Sunandamma, W/o. Late Karibasavaiah, 2. Umesh, S/o. Late Karibasavaiah, 3. N
Madalambika, W/o. Late Siddalingaradhyah @ Siddalingaiah, Pradeep Kumar S., Rajanikantha S.
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
