Regular second appeal pending since 2019 dismissed for non-prosecution after the case was called twice and neither appellants nor their counsel appeared. The court observed that the absence of representation may affect the case and that the appellants appeared uninterested in prosecuting the appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 749 OF 2019 (DEC)
BETWEEN:
SRI. LINGEGOWDA S/O THAMMAIAH, SINCE DECEASED BY LR'S
1(a) SMT. BHAGYAMMA, W/O LATE LINGEGOWDA, AGED ABOUT 62 YEARS,
1(b) SHRI. MAHESH.L., W/O LATE LINGEGOWDA, AGED ABOUT 42 YEARS,
1(c) SHRI. SATHISH.D.L., S/O LATE LINGEGOWDA, AGED ABOUT 39 YEARS,
Digitally signed by PREMCHANDRA M R
Location: High Court of Karnataka
ALL RE RESIDING AT MENASEGERE VILLAGE, MANSAGERE HOBLI, MADDURU TALUK, MANDYA-571 422.
…APPELLANTS
(BY SRI. M.G.RAVISHA., ADVOCATE [ABSENT])
AND:
SRI.SANNEGOWDA S/O LATE PUTTEGOWDA, AGED ABOUT 67 YEARS, R/A MENESEGERE VILLAGE, C.A.KERE HOBLI,
NC: 2024:KHC:46334 RSA No. 749 of 2019
MADDUR TALUK, MANDYA-571 428.
…RESPONDENT
(BY SRI. VINAY.D.HOSMATH., ADVOCATE C/R)
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 FINAL HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Though the case called twice, the appellants is not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case.
As could be seen from the appeal papers, the appeal was filed in the year 2019. Now we are in the month of November 2024. The appeal is pending from five years. As already noted above, though case called twice, the appellants is not represented. It appears that the appellants is not interested in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/(JYOTI MULIMANI) JUDGE
MRP List No.: 2 Sl No.: 65
1 issue framed by the court
Whether the regular second appeal should be dismissed for non-prosecution when appellants were unrepresented despite the case being called twice.
1 provisions across 1 enactments
Sri. Lingegowda s/o Thammaiah (since deceased) by LRs: Smt. Bhagyamma; Shri. Mahesh.L.; Shri. Sathish.D.L.
Sri. Sannegowda s/o Late Puttegowda
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
