Regular second appeal under Section 100 CPC against a first appellate decree in a partition matter was listed for orders regarding non-filing of an application for substituted service on respondents 3 and 4. Counsel had no instructions; the appeal was dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.263 OF 2014 (PAR)
BETWEEN:
…APPELLANTS
[BY SRI NITHISH V., ADV. FOR SRI KALYAN R., ADVOCATE (PH)]
AND:
NC: 2024:KHC:52593 RSA No. 263 of 2014
AGED ABOUT 23 YEARS, D/O MUNISHAMAPPA, R/AT BASABANAPARTHI VILLAGE, KASABA HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DIST.
…RESPONDENTS
(R1 & R2 ARE SERVED & UNREPRESENTED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DTD 3.8.2013 PASSED IN R.A.NO.64/2011 ON THE FILE OF SENIOR CIVIL JUDE AND JMFC, SIDLAGHATTA, ALLOWING THE APPEAL AND SETTING ASIDE JUDGMENT AND DECREE DTD 23.4.2011 PASSED IN OS.NO.333/2009 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, SIDLAGHATTA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Matter is listed for further orders for non-filing of application for substituted service to respondents no.3 and 4. Despite granting sufficient time, application is not filed.
Learned counsel for appellants submits that he has no instructions. This would indicate that appellants are not diligently pursuing appeal. Hence, appeal is dismissed for nonprosecution.
Sd/(RAVI V HOSMANI) JUDGE
GRD
List No.: 1 Sl No.: 11
1 provisions across 1 enactments
SMT. NAGARATHNAMMA
SMT. CHANDRAKALA
MUNISHAMAPPA
SRI.MANJUNATHA
KM. SHASHIKALA
KM. MAMTHA
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
