The High Court of Karnataka dismissed a regular second appeal for non-prosecution as the appellant did not appear on the specified date or pay the requisite costs, despite the matter being listed multiple times.
Appeal dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2024 BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
REGULAR SECOND APPEAL NO.784 OF 2016 (MON)
BETWEEN:
S. KARIYAPPA S/O. SANNAPPA, AGED ABOUT 61 YEARS, R/AT NANJAIHNA KOTTIGE, HIRIYUR TOWN, HIRIYUR – 577 599. ... APPELLANT (BY SRI H.M. GOPAL, ADVOCATE)
AND:
SIDDAPPA S/O. THIMMANNA, AGED ABOUT 48 YEARS, R/AT NANJAIHNA KOTTIGE, HIRIYUR TOWN, HIRIYUR – 577 599. ... RESPONDENT
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
(BY SRI SUNDAR RAJ, ADVOCATE (ABSENT))
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.04.2015 PASSED IN R.A.NO.17/2013 ON THE FILE OF SENIOR CIVIL JUDGE AT HIRIYUR, ALLOWING THE APPEAL AND DISMISSING THE JUDGMENT AND DECREE DATED 06.10.2012 PASSED IN O.S.NO.113/2008 ON THE FILE THE PRL. CIVIL JUDGE & J.M.F.C., HIRIYUR.
THIS APPEAL COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC:31895 RSA No. 784 of 2016
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
This Court, on 01.08.2024, noting the absence of the appellant, has directed to list the matter for dismissal.
representation on behalf of the appellant, though the matter is called out twice in the morning session as well as in the afternoon session, nor the cost of Rs. 2,000/- been paid as per the order dated 19.03.2019.
Sd/(K.S. HEMALEKHA) JUDGE
MBM
List No.: 2 Sl No.: 20
1 provisions across 1 enactments
S. Kariyappa
Siddappa
K. S. Hemalekha
As recorded by the court registry
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