The High Court dismissed the Regular Second Appeal for non-prosecution due to the appellants' lack of diligence and failure to take necessary steps within the time granted, despite seeking further extensions.
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 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.1897 OF 2014 (DEC)
BETWEEN:
…APPELLANTS
[BY SRI SUNEEL S. NARAYAN, ADVOCATE (PH)]
AND:
…RESPONDENTS
NC: 2024:KHC:43286 RSA No. 1897 of 2014
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.8.2014 PASSED IN R.A.NO.99/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & JMFC., HUNSUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.9.2012 PASSED IN O.S.NO.137/2003 ON THE FILE OF THE CIVIL JUDGE & JMFC., PERIYAPATNA.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
JUDGMENT
It is seen that vide order dated 25.09.2024, this Court granted two weeks time finally. Failing which, appeal was ordered to be listed for dismissal. Till today, steps have not been taken. Learned counsel for appellants seeks further time. This would indicate that appellants are not diligent in pursuing appeal.
Accordingly, appeal is dismissed for non-prosecution.
Sd/(RAVI V HOSMANI) JUDGE
GRD
List No.: 1 Sl No.: 30
1 issue framed by the court
Whether the appellants are entitled to continue the regular second appeal given their lack of diligence and failure to take steps within the granted time?
1 provisions across 1 enactments
MYLARIGOWDA
SANNAMMA
MOGAPPA
MAHADEVA
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
