The High Court of Karnataka dismissed a regular second appeal filed under Section 100 of CPC for non-prosecution after noting the appellant's counsel repeatedly sought adjournments over 18 years.
Disposal of the appeal by reason of non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:12198 RSA No. 3427 of 2006
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 3427 OF 2006 (DEC)
BETWEEN:
D/O PRAMILA
AGED ABOUT 37 YEAS
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
AGED ABOUT 35 YEARS
APPELLANTS NO.1 TO 2 ARE RESIDING AT HEBBALA VILLAGE, KUSHALNAGAR HOBLI SOMWARPET TALUK KODAGU DISTRICT-571231.
…APPELLANTS
(BY SRI. D.MANJUNATH, ADVOCATE)
AND:
BOTH ARE RESIDING AT HEBBAL VILLAGE, SOMWARPET TALUK KUSHALNAGAR HOBLI KODAGU DISTRICT.
NC: 2024:KHC:12198 RSA No. 3427 of 2006
RESIDING AT HEBBALE VILLAGE, KUSHALNAGAR HOBLI, SOMWARPET TALUK, KODAGU DISTRICT-571231,
…RESPONDENTS
(BY SRI G.BALAKRISHNA SHASTRY, ADVOCATE FOR R1(a & b); SRI PAVAN K.M., ADVOCATE FOR R3; VIDE ORDER DATED 23.10.2009, NOTICE TO R2 IS DISPENSED WITH; APPELLANTS NO.1(a & b) ARE LRS OF DECEASED R4)
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 15.2.2006 PASSED IN R.A.NO. 3/2001 ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 22.2.2001 PASSED IN O.S.NO.34/1994 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), MADIKERI.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The proxy counsel seeks time on behalf of the
counsel for appellants who is on record and also on perusal of the order sheet, the appellants’ counsel is not pursuing the matter diligently. On several occasion, the counsel took time on the ground of settlement and settlement is not reported and order sheet also discloses that on 16.02.2023, at the request of the appellants’
counsel ordered to list the matter on 01.03.2023 and also on 01.03.2023, the appellants’ counsel again sought time and so also on 20.04.2023, 22.05.2023, 30.05.2023 and also on 21.06.2023. Thereafter, once again on 07.08.2023, the counsel sought for time on the ground of settlement and so also on 24.08.2023 sought for time on
the ground of the settlement. On 31.09.2023, at the request of the appellants’ counsel only the matter was adjourned and once again on 22.09.2023 the counsel made the submission that there is talks for settlement going on between the parties. On 24.01.2024, the counsel sought for time once again on the ground of settlement and submits that he has informed other side counsel. On 06.02.2024, the counsel for appellants seeks time to comply with office objections. That on 20.02.2024 also appellants’ counsel sought for time stating that he has informed the counsel for respondent Nos.1(a) and (b) and accordingly, time was granted. Even on 11.03.2024, the counsel sought for time and submits that he has informed the counsel for respondents and the counsel for appellants
is not pursuing the matter diligently even from years. Hence, no grounds made out to adjourn the matter. The proxy counsel also submits that the appellants’ counsel is having personal inconvenience, the same cannot be a ground. This appeal is of the year 2006, almost 18 years old case. Inspite of sufficient opportunities given, the counsel for appellants is not pursuing the matter diligently. It clearly shows that the appellants’ counsel not showing any interest in arguing the matter. Hence, the second appeal is dismissed for non-prosecution.
Sd/JUDGE
RHS List No.: 1 Sl No.: 29
1 issue framed by the court
Whether the second appeal stands dismissed for lack of prosecution by counsel.
1 provisions across 1 enactments
Smt. Prameela W/O Krishnappa Sincedead Represented By LRS 1(a) Ranjita D/O PrAMILA 1(b) Rashimi D/O PrAMILA
Smt. Saroja W/O Dasharat
Smt. Rajamma Since Dead Represented By LRS 1(a) S/O H.S.Somanna 1(b) H.S.Manjunath S/O H.S.Somanna
Samanna S/O Kariyappa
Smt. Gowramma W/O Late Siddalingappa
Pradeep S/O Prameela
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
