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Ranganatha Vs K v Prabhakara — Civil Procedure and Limitation | Karnataka HC (2024)

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Karnataka HC
2024
Ranganatha Vs K v PrabhakaraRanganatha v. K v Prabhakara

Dismissed

Ranganatha v. K v Prabhakara

Karnataka HC19 Dec 2024RSA/971/2014

Case brief

AI extract

What is this about?

Regular Second Appeal dismissed for non-prosecution as no counsel was present despite service of notice and lapse of time.

What the court decided

AI extract

A

1 -

NC: 2024:KHC:52594 RSA No. 971 of 2014

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF DECEMBER, 2024 BEFORE

THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.971 OF 2014 (PAR)

BETWEEN:

RANGANATHA, S/O LATE VENKATESHAIAH, AGED ABOUT 37 YEARS, R/O. ITTIGE, BALEHONNUR POST, N.R. PURA TALUK, CHIKMAGALUR DISTRICT-577 101.

SMT. JAYALAKSHMI, W/O T.N. LAXMINARAYNAN, AGED ABOUT 69 YEARS, AGRUCULTURIST, R/O CHEEKIMANE, NELLUR POST, SRINGERI TALUK, CHIKMAGALUR DISTRICT - 577 101.

SMT. DAMAYANTHI, W/O VIGNESH, AGED ABOUT 35 YEARS, KALKOOR, R/O GARADIMANE, HONGAVALLI POST, KUNDAPURA TALUK, UDUPI DISTRICT- 576 201.

Digitally signed by ANUSHA V Location: High Court Of Karnataka

…APPELLANTS

[V/O DTD 19.12.2024 MEMO FOR RETIREMENT FILED BY COUNSEL FOR APPELLANT ACCEPTD]

Parties & counsel

AI extract

appellant
Ranganatha
appellant
Jayalakshmi
appellant
Damayanthi
respondent
K.V. Prabhakara
respondent
K.V. Laxminarayana
respondent

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 19 Dec 2024 · December
Registered: 16 Jul 2014
Case no.: RSA/971/2014

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Cite this judgement

Ranganatha v. K v Prabhakara, RSA/971/2014 (KA), decided on 19 December 2024.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Ravi V Hosmani

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The appeal was dismissed for want of prosecution. The appellant's counsel retired and had not engaged substitute representation despite the service of notice on 22.03.2022. Being absent and failing to appear, the court found that the appellants were not diligently pursuing the appeal.

A compact analysis

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.

AND:

K.V. PRABHAKARA, S/O. LATE VENKATESHAIAH, AGED 65 YEARS, AGRICULTURIST BUSINESSMEN, R/O ITTIGE, BALEHONNUR POST, N.R. PURA TALUK, CHIKMAGALUR DISTRICT-577 101.

K.V. LAXMINARAYANA, S/O LATE VENKATESHAIAH, AGED ABOUT 57 YEARS,

2 -

NC: 2024:KHC:52594 RSA No. 971 of 2014

RESHME PRADARSHAKARU,

GOVT. RESHME KRISHI KSHETRA, AMBUGA AT AND POST, HASSAN TALUK AND DISTRICT-573 201.

K.V.RAMAKRISHNA, S/O LATE VENKATESHAIAH, AGED ABOUT 60 YEARS, PIGMY COLLECTOR, CDCC BANK LTD, BALEHONNUR BRANCH, R/O B.KNABOOR VILLAGE, BALEHONNUR POST, N.R.PURA TALUK, CHIKMAGALUR DISTRICT - 577 101.

PRAMILA, W/O VISHNUMURTHY, AGED 46 YEARS, R/O KNUCHUR, ADDADA POST, KOPPA TALUK, CHIKMAGALUR DISTRICT-577 101.

CHITRAKALA , W/O RAMACHANDRA, AGED 42 YEARS, AGRICULTURIST, R/O KALMAKKI, GANDAGHATTA POST, SRINGERI, TALUK, CHIKMAGALUR DISTRICT-577 101.

KRISNAVENI W/O M.S.MANJUNATH, AGED 40 YEARS, AGRICULTURIST, R/O MAKARASU, HONNAVALLI POST, SRINGERI TALUK, CHIKMAGALUR DISTRICT-577 101.

…RESPONDENTS

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT & DECREE DTD 3.4.2014 PASSED IN R.A.NO.14/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & PRL. JMFC., TARIKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD 26.2.2010 PASSED IN O.S.NO.40/2007 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., N.R.PURA.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI

3 -

NC: 2024:KHC:52594 RSA No. 971 of 2014

ORAL JUDGMENT

Learned counsel for appellants is retired after serving notice on 22.03.2022. Despite lapse of time, appellants have not taken any steps for engaging other counsel and there is no representation. Therefore, appellants are not diligently pursuing appeal. Hence, appeal is dismissed for non-prosecution.

Sd/(RAVI V HOSMANI) JUDGE

GRD List No.: 1 Sl No.: 13

K.V. Ramakrishna

Coram

AI extract

Ravi V Hosmani

CNR

KAHC010259412014

Topic

Civil Procedure and Limitation

Bench

Disposal

Dismissed for Non-Prosecution

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