Regular second appeal filed in 2019, pending five years; appellants and their counsel absent when called on the day of hearing. The High Court observed the appellants were not interested in prosecuting the appeal and dismissed it for non-prosecution.
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NC: 2024:KHC:49917 RSA No. 241 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO. 241 OF 2019 (PAR)
BETWEEN:
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
APPELLANTS 2 AND 3 ARE RESIDING AT HOSAKANNAMBADI VILLAGE, PANDAVAPURA TALUK, MANDYA DISTRICT-571 434.
…APPELLANTS (BY SRI. U.SHIVAKUMAR., ADVOCATE [ABSENT])
AND:
NC: 2024:KHC:49917 RSA No. 241 of 2019
RESPONDENTS NO.9 TO 12 ARE RESIDING AT BELAVADI VILLAGE, YELWALA HOBLI, MYSORE TALUK-570 018.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908.
THIS REGULAR SECOND APPEAL IS LISTED FOR ADMISSION, 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.
Sri.K.R.Lingaraju., counsel for respondent No.3 has appeared in person.
As could be seen from the daily order sheet, the appeal was listed on 26.11.2024, on that day, when the matter was called, there was no representation on behalf of the appellants. Hence, for appearance of counsel for the appellants, the appeal was ordered to be listed on 04.12.2024.
NC: 2024:KHC:49917 RSA No. 241 of 2019
The appeal is listed today. As could be seen from the appeal papers, the appeal is filed in the year 2019. Now we are in the month of December 2024. The appeal is pending from five years. 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
TKN List No.: 2 Sl No.: 3
1 provisions across 1 enactments
Smt. Gowramma
Sri. Sunil
Sri. Anil Kumar
Smt. SannaMariyamma
Sri. Shivanna
Smt. Dooda Tayamma
Jyoti Mulimani
As recorded by the court registry
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