In RSA No. 1918 of 2018, the High Court of Karnataka dismissed the second appeal as the appellant, represented by retired counsel who was not pursuing the matter, failed to engage new counsel or show interest despite a five-year lapse.
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 13TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1918 OF 2018 (PAR)
BETWEEN:
…APPELLANT
(BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
RESPONDENTS NO.2 TO 4 ARE R/AT PIJINA POOJARY COMPOUND, SILVER GATE, KULSHEER, MANGALURU, D.K.DISTRICT-575005.
AGED ABOUT 83 YEARS, R/AT NEAR VISHNUMURTHY TEMPLE, KUKLLAI, MAGALURU, D.K DISTRICT.
D/O LATE RAMA, AGED ABOUT 34 YEARS, R/AT NEAR VISHNUMURTHY TEMPLE, KULAI, MANGALURU, D.K.DISTRICT.
…RESPONDENTS
(BY SRI ABHISHEK MARLA, ADVOCATE FOR R1 TO R8; R10 & R13 SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.04.2018 PASSED IN R.A.NO.115/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K., ALLOWING THE
NC: 2024:KHC:20887 RSA No. 1918 of 2018
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 09.07.2014 PASSED IN O.S.NO.748/2010 ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, MANGALORE, D.K.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The learned counsel for the appellant has filed a memo for retirement along with the copy of notice addressed to the party which was served on 15.11.2019. Inspite of the same, the appellant is not pursuing the matter. Hence, the learned counsel is permitted to retire from the case.
Sd/JUDGE
MD
List No.: 1 Sl No.: 23
Smt. Laxmi, W/o Late Nagappa
Smt. Chandravathi, S/o Late Omayya Maistry
Nalini, D/o Omayya Maistry
Mukunda, S/o Omayya Maistry
Shanker, S/o Omayya Maistry
Harinakshi, D/o Late Omayya Maistry
HP Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
