Regular second appeal under Section 100 CPC against a decree in a suit for declaration and injunction. The appellants failed to take steps to issue notice to the respondents as directed, and the appeal already stood dismissed for non-prosecution; no further orders were necessary.
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NC: 2024:KHC:30657 RSA No. 2004 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO. 2004 OF 2017 (DEC/INJ)
BETWEEN:
…APPELLANTS
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
(BY SRI. JWALA KUMAR., ADVOCATE)
AND:
BOTH ARE RESIDING AT NONAVINAKERE, TIPTUR TALUK – 572 224, TUMKUR DISTRICT.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.12.2011 PASSED IN R.A.NO.455/2009 (OLD NO.30/2001) ON THE FILE OF THE PRESIDING OFFICER, FAST TRACT COURT, TIPTUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.06.2001 PASSED IN O.S.NO.108/1994 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, TIPTUR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
This Court on 20.06.2024 granted two days' time to
take process to issue notice to the respondents, failing which the appeal stands dismissed for default.
order dated 20.06.2024 and the appeal has been stands
dismissed for non prosecution on 20.06.2024 itself, no
further orders are necessary.
Sd/(K.S. HEMALEKHA) JUDGE
YKL/List No.: 1 Sl No.: 47
1 provisions across 1 enactments
Bheemaiah
N.H. Raju
Shettallaiah
Krishnappa (since dead by his LRs.)
Smt. Sumithramma
Deepu @ Hemantha
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
