Regular second appeal filed in 2018 was dismissed for non-prosecution as the appellant was unrepresented and appeared uninterested in prosecuting the appeal.
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NC: 2024:KHC:43617 RSA No. 932 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 932 OF 2018 (DEC)
BETWEEN:
SRI. ASHWATHAPPA AGED ABOUT 53 YEARS, SON OF UGRAPPA, R/AT HARIHARA ROPPA, KASABA HOBLI, MADHUGIRI TALUK, THUMAKURU DISTRICT, PIN-571 132.
…APPELLANT
(BY SRI. CHANDRAIAH., ADVOCATE [ABSENT])
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
NC: 2024:KHC:43617 RSA No. 932 of 2018
RESPONDENTS 1 TO 5 ARE R/AT HARIHARA RAPPA VILLAGE, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT, PIN-572 132.
…RESPONDENTS
(BY SRI. KASHYAP.N.NAIK., ADVOCATE FOR C/R1, 4, 5 & 6; R2-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 DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER:
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 25.10.2024, on that day, there was no representation on behalf of the appellant. Hence, the office was
NC: 2024:KHC:43617 RSA No. 932 of 2018
directed to list the matter under the caption 'for dismissal' on 29.10.2024.
The appeal is listed today under the caption for dismissal. As could be seen from the appeal papers the appeal is filed in the year 2018. Now we are in the month of October 2024. The appeal is pending from six 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
MRP
List No.: 1 Sl No.: 18
1 provisions across 1 enactments
Sri. Ashwathappa
Smt. Eranagamma
Smt. Nagarathnamma
Sri. Narasimha Murthy
Smt. Narasamma
Smt. Manjamma
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
