Regular second appeals filed under Section 100 of CPC were dismissed by a Single Judge as the appellants failed to prosecute them despite having two prior adjournments without presence.
Appeals dismissed for non-prosecution due to default of the appellants.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 506 OF 2015 (INJ)
C/W
REGULAR SECOND APPEAL NO. 503 OF 2015 (INJ) REGULAR SECOND APPEAL NO. 504 OF 2015 (INJ) REGULAR SECOND APPEAL NO. 505 OF 2015 (INJ)
IN RSA No. 506/2015
BETWEEN:
Digitally signed by ANUSHA V
Location: High Court Of Karnataka
(BY SRI. MANJUNATH N, ADVOCATE(ABSENT))
AND:
…APPELLANT
…RESPONDENT
(BY SRI. GANGADHAR, ADVOCATE (ABSENT))
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.2.2015 PASSED IN R.A.NO.47/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 1.10.2012 PASSED IN O.S.NO.434/2005 ON THE FILE OF THE ADDL. CIVIL JUDGE & JMFC., DEVANAHALLI AND ETC.
IN RSA NO. 503/2015
BETWEEN:
...APPELLANT
(BY SRI. MANJUNATH N, ADVOCATE(ABSENT))
AND:
...RESPONDENT
(BY SRI. GANGADHAR.,ADVOCATE (ABSENT))
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.2.2015 PASSED IN R.A.NO.44/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 1.10.2012 PASSED IN O.S.NO.435/2005 ON THE FILE OF THE ADDL. CIVIL
JUDGE & JMFC., DEVANAHALLI.
IN RSA NO. 504/2015
BETWEEN:
...APPELLANT
(BY SRI. MANJUNATH N, ADVOCATE(ABSENT))
AND:
...RESPONDENT
(BY SRI. GANGADHAR, ADVOCATE(ABSENT))
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.2.2015 PASSED IN R.A.NO.45/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 1.10.2012 PASSED IN O.S.NO.436/2005 ON THE FILE OF THE ADDL. CIVIL JUDGE & JMFC., DEVANAHALLI.
IN RSA NO. 505/2015
BETWEEN:
NC: 2024:KHC:50237 RSA No. 506 of 2015 C/W RSA No. 503 of 2015 RSA No. 504 of 2015
AND 1 OTHER
S/O RAMACHANDRAPPA, AGED ABOUT 39 YEARS, R/AT BOMMAVARA VILLAGE, UNAGAWADI POST, DEVANAHALLI TALUK, BANGALORE DISTRICT PIN 562110
...APPELLANT
(BY SRI. MANJUNATH N.,ADVOCATE (ABSENT))
AND:
...RESPONDENT
(BY SRI. GANGADHAR, ADVOCATE (ABSENT))
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.2.2015 PASSED IN R.A.NO.46/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 1.10.2012 PASSED IN O.S.NO.433/2005 ON THE FILE OF THE ADDL. CILVIL JUDGE & JMFC., DEVANAHALLI AND ETC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Though these appeals were passed over, there is no representation on behalf of appellant. Even on previous date there was no representation. It appears that appellant is not diligent in prosecuting appeals. Hence, appeals stand dismissed for non prosecution.
Sd/(RAVI V HOSMANI) JUDGE
ND
List No.: 1 Sl No.: 33
1 issue framed by the court
Whether appeals filed under Section 100 of CPC can be dismissed in the absence of the appellant's appearance for non-prosecution?
1 provisions across 1 enactments
Shri Channarayappa S/o Venkatappa
Shri Nagesha Gowda S/o Ramachandrappa
Smt Shylaja W/o Amarana
R Ananda Gowda S/o Ramachandrappa
Vishwanathapura Village Panchayath
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
