Dismissed¶¶29

Sri Muniraju v. Smt. K Vijayalakshmi

Karnataka HC23 Jul 2025RSA/1860/2021

Case brief

AI extract

What is this about?

Dismissal for non-prosecution of a Regular Second Appeal under Section 100 CPC; neutral citation NC: 2025:KHC:27795. Key terms: delay condonation refused (delay of 2141 days), counsel absent / no representation, no further adjournment, concurrent findings below, Devanahalli courts, appellant Muniraju, respondents K. Vijayalakshmi and Special Land Acquisition Officer K.I.A.D.B. (Bengaluru International Airport); underlying decree O.S.No.245/2006 dated 10.07.2012 confirmed in R.A.No.450/2012 dated 04.02.2014.

What did the court decide?

The appeal is dismissed for non-prosecution, the appellant having also failed to convince the Court regarding the delay of 2141 days in filing the appeal. ¶¶29

Sri Muniraju Vs Smt. K Vijayalakshmi — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:27795 RSA No. 1860 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH

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REGULAR SECOND APPEAL NO.1860 OF 2021 (MON)

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BETWEEN:

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SRI. MUNIRAJU, S/O MUNISHAMAPPA, AGED ABOUT 62 YEARS, R/AT BHOOVANA HALLI, DEVANAHALLI TALUK-562110, BENGALURU RURAL DISTRICT.

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…APPELLANT

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(BY SRI. S. KALYAN BASAVARAJ, ADVOCATE - ABSENT)

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AND:

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SMT. K. VIJAYALAKSHMI, W/O P.M.V. KUMAR, Digitally signed AGED ABOUT 48 YEARS, by DEVIKA M R/AT NO.865, 1^ST MAIN, Location: HIGH KENGERI SATELLITE TOWN, COURT OF KARNATAKA BENGALURU - 560 060.

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THE SPECIAL LAND ACQUISITION OFFICER, K.I.A.D.B., (BENGALURU INTERNATIONAL AIRPORT), V.I.T.C. PREMISES, I FLOOR, OPP. VISVESWARAIAH MUSEUM, KASTURBA ROAD, BENGALURU-560 001.

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…RESPONDENTS

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THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.02.2014 PASSED IN R.A.NO.450/2012 ON THE FILE OF THE V

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2 - NC: 2025:KHC:27795 RSA No. 1860 of 2021

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HC-KAR

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ADDITIONAL DISTRICT AND SESSIONS JUDGE, DEVANAHALLI DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 10.07.2012 PASSED IN O.S.NO.245/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI.

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

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CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

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ORAL JUDGMENT

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This Court having noticed the delay of 2141 days in filing the appeal and also having considered that there is a concurrent finding, vide order dated 25.06.2025, observed that the question of issuing notice to the respondents does not arise and ordered to list the matter on 08.07.2025 to convince this Court with regard to the delay of 2141 days in filing the appeal. Inspite of an opportunity was given, there was no representation on behalf of the appellant on 08.07.2025. However, in the ends of justice one more opportunity was given to the learned counsel for the appellant. It was also made clear that if the learned counsel for the appellant does not appear on the next date of hearing, the appeal will be dismissed and adjourned the matter to today. Today also the learned counsel for the appellant is absent.

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3 - NC: 2025:KHC:27795 RSA No. 1860 of 2021

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HC-KAR

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The learned counsel for the appellant though filed the appeal in 2021, is not pursuing the matter diligently and hence no grounds to again adjourn the matter. In the previous date of hearing on 08.07.2025, it was made clear that if the learned counsel for the appellant does not appear on the next date of hearing, the appeal will be dismissed. Inspite of the said order, there is no representation for the appellant.

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Hence, the appeal is dismissed for non-

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prosecution and also not convincing the Court regarding the delay of 2141 days in filing the appeal.

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Sd/(H.P.SANDESH) JUDGE

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List No.: 1 Sl No.: 30

Sri Muniraju v. Smt. K Vijayalakshmi

Case brief

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Sri Muniraju v. Smt. K Vijayalakshmi

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What the court decided

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