The High Court of Karnataka dismissed a Regular Second Appeal for non-prosecution as the appellant failed to appear despite being called out multiple times.
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:36595 RSA NO.563 OF 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH REGULAR SECOND APPEAL NO.563 OF 2020 (INJ)
BETWEEN:
K.L. BANUPRAKASH S/O LINGEGOWDA AGED ABOUT 38 YEARS R/O 3RD CROSS, V.V. NAGARA, MANDYA CITY, MANDYA DISTRICT - 571 401.
…APPELLANT
(BY SRI. HARIPRASAD M.B., ADVOCATE (ABSENT))
AND:
Digitally signed by SHARMA ANAND CHAYA
Location: High
Court of Karnataka
M.H. SHIVAKUMAR S/O HEMANNA AGED ABOUT 34 YEARS, R/O 12TH CROSS, V.V. NAGARA, MANDYA CITY, MANDYA DISRICT - 571 401.
…RESPONDENT (BY SRI. K.L. SREENIVAS, ADVOCATE (ABSENT))
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 28TH JANUARY, 2019 PASSED IN REGULAR APPEAL NO.87 OF 2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 08TH SEPTEMBER, 2017 PASSED IN ORIGINAL SUIT NO.328 OF 2013 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC., MANDYA.
NC: 2024:KHC:36595 RSA NO.563 OF 2020
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL JUDGMENT
There is no representation on behalf of the appellant when the matter was called out in the morning session. The case was passed over and thereafter, the case was called for second time, none appears for the parties.
SD/(E.S.INDIRESH) JUDGE
ARK
1 issue framed by the court
Whether the appellant is interested in prosecuting the second appeal?
1 provisions across 1 enactments
K.L. Banuprakash
M.H. Shivakumar
E.S. Indiresch
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
