Second appeal against confirmation of rejection of an application under Sections 47 and 151 r/w Order 21 Rule 97 CPC in execution proceedings was dismissed for non-prosecution, as the appellant failed to pay process fee and did not appear despite prior listing orders.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 624 OF 2014 (RES)
BETWEEN:
H.L. RANGASHETTY, S/O LATE LAKKANNASHETTY, AGED ABOUT 78 YEARS, R/O GANIGARA STREET, HASSAN TOWN-573 201.
…APPELLANT
[BY SRI. M.N. MADHUSUDHAN, ADVOCATE (ABSENT)]
AND:
LRS OF DECEASED THIMMEGOWDA
Digitally signed by ANUSHA V Location: High Court of Karnataka
SRI.T.K.THIMMEGOWDA @ APPASWAMY
DEAD BY LRS.
NC: 2024:KHC:41570 RSA No. 624 of 2014
ALL ARE R/O TAMLAPURA VILLAGE, TEJUR ROAD, KASABA HOBLI, HASSAN TALUK-573 201.
RESPONDENTS NO.2 TO 11 ARE DELETED VIDE ORDER DATED 20.02.2019
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 25.03.2014 PASSED IN R.A.NO.1/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 12.12.2012 ON I.A. NO.9 IN EX.NO.6/2011 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE & J.M.F.C. HASSAN, REJECTING I.A. NO.9 FILED UNDER SECTIONS 47 AND 151 R/W ORDER 21 RULE 97 OF CPC.
THIS APPEAL IS COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Perusal of order sheet would indicate that on 27.06.2024 and 25.09.2024, taking note of default in payment of process fee, matter was ordered to be listed today for dismissal in case of further failure. None appears for appellant and same would indicate that appellant is not diligent in pursuing this appeal.
In view of above, appeal is dismissed for
non-prosecution.
Sd/(RAVI V HOSMANI) JUDGE
AV/List No.: 1 Sl No.: 33
1 provisions across 1 enactments
H.L. RANGASHETTY
S.K. RANGASWAMY
LRS OF DECEASED THIMMEGOWDA
KARIGOWDA @ GADIYANNA
BHEMEEMEGOWDA @ LARY SHAMANA
SMT.DEVERAMMA W/O LATE T.K.THIMMEGOWDA
RAVI V HOSMANI
As recorded by the court registry
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