Regular second appeal filed in 2018 was dismissed after six years of pendency as appellants failed to appear for hearing on two occasions, signaling lack of diligence.
Regular Second Appeal dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1854 OF 2018 (POS)
BETWEEN:
…APPELLANTS
(BY SRI. NATARAJA BALLAL., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N MRS. JAMEELA RAFIQUE Location: High C/O. RAFIQUE AHMED, Court of Karnataka AGED ABOUT 56 YEARS, R/AT FLAT NO. 9, 3RD FLOOR, SAHYADRI PARK, SALUNKE VIHAR ROAD, KONDHWA-KHURD, PUNE-411 043.
…RESPONDENT
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELIEFS.
NC: 2024:KHC:44209 RSA No. 1854 of 2018
THIS REGULAR SECOND APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
When the matter was called in the forenoon session, Ms.Tasmin., counsel on behalf of Sri.Nataraja Ballal., for the appellants 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 appellants, an appropriate order will be passed.
The matter is called for the second time. There is no representation on behalf of the appellants, either personally or through video conferencing.
As could be seen from the appeal papers, the appeal is filed in the year 2018, now we are in the month of November 2024. The appeal is pending from six years. It appears that the appellants are not diligent in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/(JYOTI MULIMANI) JUDGE
TKN List No.: 2 Sl No.: 12
1 issue framed by the court
Whether a regular second appeal filed in 2018 can be allowed after a lapse of six years due to non-prosecution by the appellants.
1 provisions across 1 enactments
SMT. FARIDA RAFIQUE SHEIK
SRI. FAIZAL
MRS. JAMEELA RAFIQUE
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
