High Court at Bengaluru dismissed Regular Second Appeal filed by LRs of deceased as non-prosecution due to absence of counsel despite court notices served over years.
Regular Second Appeal dismissed for non-prosecution.
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NC: 2024:KHC:13151 RSA No. 694 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.694 OF 2009 (DEC)
BETWEEN:
SMT. H N NAGAMMA W/O LATE K.MADHAVARAO AGED ABOUT 49 YEARS R/O THATHIPALYA MULBAGAL TOWN KOLAR DIST.-563131
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(V/O DT.23.09.2021, COURT NOTICE ISSUED TO A1 TO A4 ARE SERVED, [ABSENT] AND:
SMT G M SHANTHAKUMARI MAJOR W/O MOHAN SETTY C/O K A SHANKARAIAH SETTY K R STREET, MULABAGAL TOWN KOLAR DIST.-563131
…RESPONDENT
(BY SRI VARUN PAPIREDDY, ADVOCATE [ABSENT])
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED02.02.2009 PASSED IN R.A.NO.153/2006 ON THE FILE OF THE III ADDL. CIVIL JUDGE,(SR. DN.), KOLAR, ITINERATING AT MULBAGAL AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This Court had issued a Court Notice against the appellants when the counsel on record for the appellants was died. Inspite of service of Court notice, the appellants have not appeared before the Court and not engaged any counsel on their behalf. Hence, it appears that the appellants are not pursuing the matter diligently. The Court notice was issued in the year 2021 and till date, either the appellants have not appeared before the Court or engaged any counsel. On the last date of hearing, the matter was adjourned on cost. But, the question of payment of cost does not arise since the appellants are not pursuing the matter diligently inspite of service of Court notice. Hence, this appeal is dismissed for nonprosecution.
Sd/JUDGE
SN
K MADHAVA RAO SINCE DECEASED BY LRS SMT. H N NAGAMMA W/O LATE K.MADHAVARAO SRI M VINODKUMAR S/O MADHAVA RAO NAVEEN KUMAR S/O MADHAVA RAO SMT. JAYALAKSHMI D/O LA
SMT G M SHANTHAKUMARI MAJOR W/O MOHAN SETTY
H.P.SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
