Second appeal in a suit for declaration and permanent injunction over property, pending since 2009. Counsel for the appellant was unable to report settlement between the parties for want of instructions. The High Court dismissed the appeal for non-prosecution.
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NC: 2024:KHC-D:17018 RSA No. 5030 of 2009
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
RSA NO. 5030 OF 2009 (DEC/INJ)
BETWEEN:
CHANDRASHEKARAPPA S/O. GADDEPPA PURAD, AGED ABOUT 57 YEARS, OCC. BUSINESS, R/O. GANJI BASAVESHWAR CIRCLE, VAKKALAGERI, GADAG.
… APPELLANT
(BY SRI. K. L. PATIL, ADVOCATE)
AND:
Digitally signed by VISHAL VISHAL NINGAPPA NINGAPPA PATTIHAL PATTIHAL Date: 2024.11.23 11:02:04 +0530
… RESPONDENTS
(BY SRI. SHEKARGOUDA M NAGANURI AND SRI. C.S.SHETTAR, ADVOCATE FOR R1)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD: 27.09.2008 PASSED IN R.A.NO.12/2006 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN), GADAG, ALLOWING THE APPEAL, FILED AGAINST THE JUDGEMENT AND DECREE DATED 20.12.2005 PASSED IN O.S.NO.21/2002 ON THE FILE OF THE CIVIL JUDGE(JR.DN), GADAG, DISMISSING THE SUIT FILED FOR DECLARATION & PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
NC: 2024:KHC-D:17018 RSA No. 5030 of 2009
ORAL ORDER
This Court on 05.11.2024 recorded the submission of
the learned counsel appearing for the respondents wherein, it is stated that parties have amicably settled the dispute in the final decree proceedings, appellant’s counsel sought time to seek necessary instructions. On 11.11.2024 both the counsel submitted that the parties have amicably settled the matter, for want of instructions, time was sought. Further, the matter is listed for dismissal today.
the appellant is not interested in prosecuting the appeal. This Court has no other option but to dismiss the appeal
NC: 2024:KHC-D:17018 RSA No. 5030 of 2009
for non-prosecution and accordingly, the appeal is
dismissed for non-prosecution .
Sd/-
(JUSTICE K.S.HEMALEKHA)
RH CT:PA List No.: 1 Sl No.: 4
1 issue framed by the court
Whether the second appeal should be dismissed for non-prosecution given the appellant's lack of instructions and apparent disinterest.
1 provisions across 1 enactments
Chandrashekharappa S/o. Gaddeppa Purad
Umesh Ningappa Badiger
Smt. Annapurnamma W/o. Chidanandappa Akashali
Smt. Drakshayanamma W/o. Chidanandappa Akashali
Smt. Sarojamma W/o. Huchchirappa Badiger
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
