Regular second appeal pending since 2020 dismissed for non-prosecution as the appellant was unrepresented on multiple listings and appeared disinterested in prosecuting the appeal.
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NC: 2024:KHC:46105 RSA No. 870 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 870 OF 2020 (INJ)
BETWEEN:
HANUMEGOWDA S/O PUTTEGOWDA, AGED ABOUT 76 YEARS, R/A ALADAHALLI VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 401.
…APPELLANT
(BY SRI. H.B.CHANDRASHEKAR., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
SMT.JAYAMMA W/O DODDAMADEGOWDA, AGED ABOUT 43 YEARS, R/A.ATTUVANAHALLI, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 401.
(BY SRI. T.SESHAGIRI RAO., ADVOCATE)
…RESPONDENT
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 ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER:
NC: 2024:KHC:46105 RSA No. 870 of 2020
ORAL ORDER
When the case is called, the appellant 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 daily order sheet, the appeal was listed on 11.11.2024, on that day, when the matter was called, there was no representation on behalf of the appellant. Hence, for appearance of counsel for the appellant, the appeal was ordered to be listed on 13.11.2024.
The appeal is listed today for appearance of counsel for the appellant. As could be seen from the appeal papers, the appeal was filed in the year 2020. Now we are in the month of November 2024. The appeal is pending from four years. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/(JYOTI MULIMANI) JUDGE
TKN List No.: 2 Sl No.: 61
1 issue framed by the court
Whether the regular second appeal should be dismissed for non-prosecution due to repeated absence of the appellant's counsel.
1 provisions across 1 enactments
Hanumegowda s/o Puttegowda
Smt. Jayamma w/o Doddamadegowda
Jyoti Mulimani
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
