Regular second appeal under Section 100 CPC against a first appellate decree in a partition matter was dismissed for non-prosecution as the appellant did not appear and office objections remained uncomplied despite costs.
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NC: 2026:KHC:33106 RSA No. 1389 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1389 OF 2025 (PAR)
BETWEEN:
SRI. NARASIMHAMURTHY S/O VENKATARAYAPPA, AGED ABOUT 47 YEARS, R/AT ANGAREKANAHALLI VILLAGE, KASABA HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101.
…APPELLANT
(BY SRI. MANJUNATHA S.V, ADVOCATE (ABSENT))
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
HC-KAR
AGED ABOUT 22 YEARS, R2 AND R3 R/AT DODDATHEKAHALLI VILLAGE, BASETTAHALLI HOBLI, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 101.
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.01.2025 PASSED IN RA NO.107/2024 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA., PARTLY
HC-KAR
ALLOWING THE APPEAL AND CONFIRMING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 22.07.2024 PASSED IN OS NO.332/2020 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
None appears for the appellant.
Office objections are not complied even after imposing cost by order dated 10.06.2026.
Accordingly, appeal stands dismissed for non
prosecution.
Sd/(V SRISHANANDA) JUDGE
KAV List No.: 1 Sl No.: 32
1 provisions across 1 enactments
Sri. Narasimhamurthy S/o Venkatarayappa
Smt. V. Prema
Smt. Lakshmidevamma
Sri. Nataraj
Smt. Byramma
Smt. Radamma
V Srishananda
As recorded by the court registry
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