Regular second appeal pending since 2020 was dismissed for non-prosecution as the appellant failed to appear or represent himself when the matter was called on two consecutive dates.
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:44674 RSA No. 393 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 393 OF 2020 (PAR)
BETWEEN:
SRI.MURTHY S/O LATE K.M.RAMASWAMY, AGED ABOUT 61 YEARS, R/AT RAJESHWARI NILAYA, N.T.B.ROAD, JANNAPURA, BHADRAVATI, SHIVAMOGGA-577 301.
…APPELLANT
(BY SRI. SUNIL KUMAR.B.N. & SRI. H.S.PRASHANTH., ADVOCATES [ABSENT])
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
NC: 2024:KHC:44674 RSA No. 393 of 2020
…RESPONDENTS
(BY SRI. A.ABHISHEK., ADVOCATE FOR R1, 2 & 5; R4-SERVED AND UNREPRESENTED)
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 appellant is not represented.
When the case is listed and is called out, the advocate must be present. The absence may affect the case.
NC: 2024:KHC:44674 RSA No. 393 of 2020
As could be seen from the daily order sheet, the appeal was listed on 04.11.2024, on that day, when the matter was called, there was no representation on behalf of the appellant, either personally or through video conferencing. Hence, the office was directed to list this matter under the caption ‘for dismissal’ on 06.11.2024.
The appeal is listed today under the caption ‘for dismissal’. As could be seen from the appeal papers, the appeal was filed in the year 2020. Now we are in the month of November 2024. The appeal is pending for almost six years. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is 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.: 20
1 provisions across 1 enactments
Sri. Murthy S/o Late K.M. Ramaswamy
Smt. Velliyamma W/o T.V. Subramanyam
Smt. Rajeshwari W/o Narayanaswamy
Smt. Vijaya
Saraswathi W/o K.S. Rangaswamy
Padmini W/o Late Rajagopal
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
