Regular second appeal dismissed because appellants' counsel failed to pay costs imposed earlier and did not diligently prosecute the appeal; dismissal was for non-prosecution and non-payment of cost, not on merits of the property dispute.
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NC: 2024:KHC:12987 RSA No. 1817 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1817 OF 2007 (DEC)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
BOTH ARE RESIDING AT RAMADILLI VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT.
1(d) SMT.UMADEVI D/O LATE NANJUNDAIAH @ NANJAPPA W/O SRI LINGA MURTHY, AGED ABOUT 44 YEARS, R/AT K. RAMPURA VILLAGE, KADABA POST, GUBBI TALUK, TUMKUR DISTRICT.
(AMENDED VIDE COURT ORDER DATED 07.10.2014)
…APPELLANTS
(BY SRI S.NAGARAJA, ADVOCATE FOR APPELLANT NO.1(a to c) SRI S.M. DAYANAND PATIL, ADVOCATE FOR APPELLANT NO.1[d & e)]
AND:
…RESPONDENT
(VIDE ORDER DATED 08.09.2023, SRI S. RAJASHEKARA, AMICUS CURIAE )
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGEMENT AND DECRE DATED 09.03.2007 PASSED IN R.A.NO.187/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC, TURUVEKERE, ALLOWING THE APPEAL SETTING ASIDE THE JUDGEMENT AND DECREE DATED 23.07.2002 PASSED IN O.S.NO.33/1993 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC, TURUVEKERE.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant has not paid the cost, inspite of in the previous occasion when the matter was listed for dismissal, the counsel has not argued the matter. However, in the ends of justice, the Court has given two weeks time on cost of Rs.10,000/-, but the counsel has not paid the cost. The counsel for appellant is not pursuing the matter diligently. Hence, the appeal is dismissed for non-payment of cost and for nonprosecution.
RHS List No.: 1 Sl No.: 7
Sd/JUDGE
1 provisions across 1 enactments
Sri Nanjundaiah @ Nanjappa S/o Late Mallanna since dead by LRs (represented by Bhramarambika, Nagaratna R.N., R.N.Shivakumara Swamy, Umadevi, Siddaramaiah)
Smt. Rajeshwari K.S.
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
