Regular Second Appeal filed in 2019 and pending five years. On both listing dates the appellant was unrepresented; the court concluded the appellant was not interested in prosecuting the appeal and dismissed it 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:44924 RSA No. 940 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 940 OF 2019 (DEC/INJ)
BETWEEN:
SRI ARJUNAIAH AGED ABOUT 77 YEARS, S/O LATE ARJUNAIAH, HIRITHOUTLUKERE VILLAGE, KORA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572 128.
…APPELLANT
(BY SRI. M.R.NAGABHUSHAN., ADVOCATE [ABSENT])
AND:
Digitally signed by PREMCHANDRA M R
Location: High Court of Karnataka
BOTH ARE RESIDING AT: R/AT HIRITHOUTLUKERE VILLAGE, KORA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572 128.
…RESPONDENTS
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:
NC: 2024:KHC:44924 RSA No. 940 of 2019
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 05.11.2024, on that day, there was no representation on behalf of the appellant. Hence, the office was directed to list the matter under the caption 'for dismissal' on 07.11.2024.
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 2019. Now we are in the month of November 2024. The appeal is pending from five 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.: 19
1 issue framed by the court
Should the Regular Second Appeal be dismissed for non-prosecution given continued absence of the appellant's counsel?
1 provisions across 1 enactments
Sri Arjunaiah
Sri Thammaiayappa
Sri Nagappa
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
