The High Court of Karnataka dismissed a regular second appeal filed under Section 100 of CPC for non-prosecution, noting that the matter had been adjourned at the request of the appellants without any representation or filing of affidavits.
Appeal dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO.1861 OF 2013 (DEC/INJ)
BETWEEN:
Digitally signed by ANUSHA V Location: High Court Of Karnataka
(BY SRI M.VENKATAPPA, ADVOCATE-ABSENT)
AND:
…APPELLANTS
RESPONDENTS 1 AND 2 ARE RESIDING AT HULLAHALLI, JIGANI HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT-560083.
…RESPONDENTS
(BY SRI SRINIVASA K., ADVOCATE FOR R1-ABSENT; SRI GANESH BHAT Y.H., ADVOCATE FOR R3 – ABSENT; R2 - SERVED)
THIS RSA FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 19.08.2013 PASSED IN R.A.NO.11/2006 ON THE FILE OF THE III ADDL. DISTRICT & SESSIONS JUDGE, BENGALURU RURAL DISTRICT SIT AT ANEKAL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 24.01.2006 PASSED IN O.S.NO.351/1998 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC., ANEKAL.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Though matter was passed-over and called
again, there is no representation.
request of appellants, matter was adjourned to today. This would indicate that appellants are not diligent in prosecuting appeal. Therefore, appeal is
dismissed for non-prosecution.
Sd/(RAVI V HOSMANI) JUDGE
KMV
List No.: 1 Sl No.: 37
1 issue framed by the court
Whether the regular second appeal should be dismissed for lack of diligent prosecution by the appellants.
1 provisions across 1 enactments
Smt. Munilakshmamma
Smt. Susheelamma
Sri Muniswamy Reddy
Smt. Doddananjamma
Sri Narasimha Reddy
Ravi V Hosman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
