Regular Second Appeal filed under Order 56 Rule 1 of CPC dismissed for non-prosecution due to the absence of appellants and lack of representation in Court despite notice.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 259 OF 2019 (DEC/INJ)
BETWEEN:
Digitally signed by PREMCHANDRA M R
Location: High Court of Karnataka
NC: 2024:KHC:45233 RSA No. 259 of 2019
…APPELLANTS
(ABSENT)
AND:
RESPONDENTS 9 & 10 ARE MINORS REPRESENTED THEIR NATURAL GUARDIAN MOTHER SMT. RADHAMMA,
ALL ARE RESIDENTS OF HALEGUBBI, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572 216.
NC: 2024:KHC:45233 RSA No. 259 of 2019
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 ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
The names of the appellants are called out thrice in the open Court. There is no representation on behalf of the appellants. The appellants are absent.
As could be seen from the appeal papers, initially the appellants were represented by counsel Sri.M.B.Chandrachooda. This Court vide order dated 06.11.2024, permitted counsel Sri.M.B.Chandrachooda., to retire from the case and office was directed to list this matter on 08.11.2024 by printing the names of the appellants in the cause list.
The appeal is listed today by printing the names of the appellants in the cause list. The appellants have neither made any efforts to engage the services of other advocate nor conducted the case as a party in person. As already noted above, the names of the appellants are called out thrice in the
NC: 2024:KHC:45233 RSA No. 259 of 2019
open Court, there is no representation on behalf of the appellants. The appellants are absent. 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.: 2 Sl No.: 5
Sri Ranganarasaihaiah S/O Rangaiah
Sri Rajan S/O Hanumanthaiah
Smt Tholasamma W/O Narasimhaiah
Sri Narasaiah S/O Narasimhaiah
Sri H.T.Thimmaiah S/O Thimmadasaiah
Sri Gangaiah S/O Rangaiah
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
