Regular second appeal dismissed for non-prosecution as appellants and their counsel were absent when the case was called; appellants appeared uninterested in prosecuting the appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 2283 OF 2018 (SP)
BETWEEN:
S/O GURUMALLU, AGED ABOUT 35 YEARS,
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
ALL ARE RESIDENTS OF: R/O 2ND CROSS, BEHIND JAYALAKSHMI SAW MILL, ARAKESHWARANAGARA, GUTHALU, MANDYA-571 403.
…APPELLANTS
(BY SRI. HARSHA.D.JOSHI., ADVOCATE [ABSENT])
AND:
H K KALAIAH DEAD BY LRS',
ALL ARE RESIDENT OF R/O 2ND CROSS, INFRONT OF JAYALAKSHMI TALKIES, ARAKESHWARANAGARA, GUTHALU, MANDYA-571 403.
…RESPONDENTS
(BY SRI. BYREGOWDA.N., ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELIEFS.
THIS REGULAR SECOND APPEAL IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
When the case is called, the appellants are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case.
As could be seen from the daily order sheet, the appeal was listed on 28.10.2024, on that day, when the matter was called, there was no representation on behalf of the appellants.
NC: 2024:KHC:43876 RSA No. 2283 of 2018
Hence, the office was directed to list this matter under the caption 'for dismissal' on 30.10.2024.
The appeal is listed today under the caption 'for dismissal'. As already noted above, when the case is called, the appellants are not represented. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution .
Sd/(JYOTI MULIMANI) JUDGE
MRP List No.: 1 Sl No.: 23
1 provisions across 1 enactments
Gurumallu s/o Mallashetty
Tholasamma w/o Gurumallu
Mallu s/o Gurumallu
Mohan Raj s/o Gurumallu
Jayalakshmamma w/o late H.K. Kalaiah
Nandini H.K.
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
