Regular second appeal pending since 2020 with office objections uncomplied with despite repeated opportunities; appellants unrepresented when the case was called. The High Court dismissed the appeal for non-prosecution and non-compliance of office objections.
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:43620 RSA No. 705 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO. 705 OF 2020 (DEC)
BETWEEN:
AGED ABOUT 50 YEARS,
AGED ABOUT 62 YEARS,
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
AGED ABOUT 59 YEARS,
NC: 2024:KHC:43620 RSA No. 705 of 2020
8. CHANDRAPPA S/O. P.CHIKKANNA, AGED ABOUT 59 YEARS,
KARIYAPPA S/O. JADIYAPPA, DEAD BY LRS,
13. GEETHAMMA
D/O. LATE. KARIYAPPA, W/O. MURTHAPPA, AGED ABOUT 48 YEARS, R/O KALLAHALLI VILLAGE, KASABA HOBLI, HOSADURGA TALUK-577 527.
D/O. LATE. KARIYAPPA, W/O PUTTAPPA, AGED ABOUT 48 YEARS, R/O ARALAHALLY VILLAGE, KASABA HOBLI, HOSADURGA TALUK-577 527.
…APPELLANTS
(BY SRI. M.G.KANTHARAJAPPA, ADVOCATE [ABSENT])
AND:
D/O. LATE. N THIMMAIAH, W/O. LALI LAKKAPPA, AGED ABOUT 70 YEARS, OCC. RETIRED TEACHER AND AGRICULTURIST, TARIKERE TALUK, CHIKKAMAGALURU DIST: 577 547.
NC: 2024:KHC:43620 RSA No. 705 of 2020
R/O. HONNEKERE GOLLARAHATTY VILLAGE, KASABA HOBLI, HOSADURGA TALUK-577 527.
AGED ABOUT 56 YEARS, OCC. AGRICULTURIST, R/O. HONNEKERE GOLLARAHATTY VILLAGE, KASABA HOBLI, HOSADURGA TALUK-577527.
10. MEENAKSHAMMA
S/O. LATE. N. THIMMAIAH, W/O. VEERANGAPPA, AGED ABOUT 54 YEARS, R/O. MADADAKERE, MADADAKERE HOBLI, HOSADURGA TALUK-577 527.
S/O. LATE. N.THIMMAIAH, AGED ABOUT 50 YEARS, R/O. NEERAGUNDA GOLLARAHATTY VILLAGE, KASABA HOBLI,
HOSADURGA TALUK-577 527.
12. CHITRASHEKHARAIAH
S/O. LATE. N.THIMMAIAH,
AGED ABOUT 42 YEARS,
OCC. AGRICULTURIST, AGED ABOUT 64 YEARS, R/O. NEERAGUNDA GOLLARAHATTY VILLAGE, KASABA HOBLI, HOSADURGA TALUK-577 527.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELIEFS.
THIS REGULAR SECOND APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
NC: 2024:KHC:43620 RSA No. 705 of 2020
ORAL ORDER
When the case is called, the appellants are not represented. When the case is listed and is called out, the advocate must be present. The absence may affect the case.
As could be seen from the daily order sheet, the appeal was listed before Registrar (P and H) on 15.06.2022, on that day, three weeks time was granted for compliance of office objections. Thereafter, it was listed on several dates and sufficient time was granted to comply the office objections. Despite granting time, office objections were not complied with. The appeal was listed before the Court on 23.07.2024, on that day, two week's time was granted to comply with the office objections. Despite granting time, office objections are not complied with.
The appeal is listed today for orders regarding noncompliance of office objections. A perusal of the entire order sheet reveals that despite giving sufficient opportunities, the office objections are not complied with. Furthermore, the appeal is filed in the year 2020. Now we are in the month of October 2024. The appeal is pending for almost four years. As
NC: 2024:KHC:43620 RSA No. 705 of 2020
already noted above, when the case is called, the appellants are not represented. It appears that the appellants are not diligent in prosecuting the appeal. Hence, the Regular Second
Appeal is dismissed for non-prosecution and also for noncompliance of office objections.
Sd/(JYOTI MULIMANI) JUDGE
MRP List No.: 2 Sl No.: 38
1 issue framed by the court
Whether the Regular Second Appeal should be dismissed for non-prosecution and non-compliance of office objections despite repeated opportunities.
1 provisions across 1 enactments
Rangaswamy s/o Chittaiah
Onkarappa s/o Kariyappa
D K Mahalingappa d/o Doddakariyappa
Thippeswamy s/o Kariyappa
Mahalingappa s/o Kariyappa
Krishnappa s/o Chikkanna
Jyoti Mulimani
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
