Regular second appeal pending since 2019; no representation for the appellant on two callings despite a pass-over. The High Court dismissed the appeal for non-prosecution.
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:44210 RSA No. 779 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO. 779 OF 2019 (PAR)
BETWEEN:
SHRI. CHETAN BHARATH S/O. VISHNU BHARAT, AGED ABOUT 35 YEARS, R/AT NANDA DEEP, NO.450, 7TH MAIN, 4TH BLOCK, JAYANAGAR, BENGALURU-560 011.
…APPELLANT
(BY SRI. C.V.ANNAIAH., ADVOCATE [ABSENT])
AND:
NC: 2024:KHC:44210 RSA No. 779 of 2019
S/O. LATE CHIKKAMUNIDASEGOWDA, AGED ABOUT 42 YEARS,
R3 TO 5 RESIDING AT CHEELURU VILLAGE, MARALAWADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 572 117.
…RESPONDENTS
(BY R2 & 3 SERVED AND UNREPRESENTED)
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 AN ORDER IS MADE AS UNDER, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL ORDER
When the matter was called in the forenoon session, Sri.Hanumantha., counsel on behalf of Sri.Annaiah.C.V., for the appellant had appeared in person and sought for pass-over.
NC: 2024:KHC:44210 RSA No. 779 of 2019
The matter was passed over and it was made clear that when the matter is called second time and if none appears for the appellant, an appropriate order will be passed.
The matter is called for the second time. There is no representation on behalf of the appellant, either personally or through video conferencing.
As could be seen from the appeal papers, the appeal is filed in the year 2019, now we are in the month of November 2024. The appeal is pending from five years. It appears that the appellant is not diligent in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/(JYOTI MULIMANI) JUDGE
TKN
List No.: 2 Sl No.: 18
1 provisions across 1 enactments
Shri. Chetan Bharath S/o. Vishnu Bharat
Smt. Rathnamma W/o. Durgegowda
Smt. Premamma W/o. Shivalingaiah
Smt. Maramma W/o. Late Chikkamunidasegowda
Chikkamunidasegowda S/o. Late Chikkamunidasegowda
Kumara S/o. Late Chikkamunidasegowda
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
