Regular second appeals concerning a partition/property dispute in Malavalli were dismissed solely because the appellant's counsel failed to pay process fees and take procedural steps as ordered by the Court.
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- 1 - NC: 2024:KHC:27628 RSA No. 781 of 2019 C/W RSA No. 780 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 781 OF 2019 (PAR) C/W
REGULAR SECOND APPEAL NO. 780 OF 2019 (PAR)
IN REGULAR SECOND APPEAL NO. 781 OF 2019:
BETWEEN:
…APPELLANT
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
AND:
(BY SRI RAJA L., ADVOCATE)
AGED ABOUT 89 YEARS B.G. PURA HOBLI, MALAVALLI TALUK MANDYA DISTRICT – 571401
SHIVAMOGGA DISTRICT
R6 TO R8 ARE R/O BELAKAVADI VILLAGE B.G.PURA HOBLI MALAVALLI TALUK MANDYA DISTRICT
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.01.2019 PASSED IN R.A.NO.24/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALAVALLI, DISMISSING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.12.2014 PASSED IN O.S.NO.217/2009 ON THE FILE OF THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC MALAVALLI.
IN REGULAR SECOND APPEAL NO. 780 OF 2019:
BETWEEN:
…APPELLANT
(BY SRI RAJA L., ADVOCATE)
AND:
R6 TO R8 ARE R/O BELAKAVADI VILLAGE B.G.PURA HOBLI MALAVALLI TALUK MANDYA DISTRICT
B.G. PURA HOBLI
MANDYA DISTRICT – 571401
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.01.2019 PASSED IN R.A.NO.25/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALAVALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.12.2014 PASSED IN O.S.NO.217/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, MALAVALLI.
THESE APPEALS COMING ON FOR DISMISSAL THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant is absent. This Court vide order dated 28.06.2024 taking note of counsel is absent and ordered to pay the P.F to issue notice against the respondents in both the appeals and also made it clear that the counsel pay the P.F, issue notice to respondents in both cases and if P.F not paid, list the matter for dismissal in the next date of hearing. Inspite of
the order, the appellant’s counsel is not pursuing the matter diligently. Hence, the second appeal is dismissed for non-taking of steps.
In view of dismissal of the appeal, I.As., if any do not survive for consideration, the same stands disposed of.
Sd/JUDGE
RHS List No.: 1 Sl No.: 109
1 provisions across 1 enactments
B.V. Basavanna
B.V. Shivarudrappa
Shivamma
L. Mahadevappa
Nagaraju
Mahadevappa s/o Police Veerbhadrappa
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
