Citation : 2026 Latest Caselaw 440 Kant
Judgement Date : 22 January, 2026
-1-
NC: 2026:KHC:3714
RSA No. 2461 of 2008
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
REGULAR SECOND APPEAL NO. 2461 OF 2008 (DEC)
BETWEEN:
S.G.JAYARAM
S/O G.R.GIDDE GOWDA (LATE)
AGED ABOUT 45 YEARS
SALUMARA VILLAGE,
GONIBEEDU HOBLI & POST,
MUDIGERE TALUK,
CHIKMAGALUR-577132.
...APPELLANT
(ABSENT)
AND:
1. G.M.PUTTE GOWDA
S/O MULLE GOWDA (LATE)
AGED ABOUT 57 YEARS
Digitally signed by
PREMCHANDRA M R
2. NAGAMMA
Location: HIGH
COURT OF W/O. G.R.GIDDE GOWDA (LATE)
KARNATAKA AGED ABOUT 67 YEARS,
3. S.G.INDRESH
S/O. G.R.GIDDE GOWDA (LATE)
AGED ABOUT 41 YEARS,
4. S.G.MOHANA
S/O. G.R.GIDDE GOWDA (LATE)
AGED ABOUT 36 YEARS,
ALL ARE RESIDING IN
SALUMARA VILLAGE,
-2-
NC: 2026:KHC:3714
RSA No. 2461 of 2008
HC-KAR
GONIBEEDU HOBLI & POST,
MUDIGERE TALUK,
CHIKMAGALUR-577132.
...RESPONDENTS
(BY SRI. JAYAKUMAR S.PATIL & ASSTS. ADVOCATE FOR R1;
VIDE ORDER DATED 05.06.2025, R1 DISMISSED AS ABATED,
SRI. RAGHAVENDRA K., ADVOCATE FOR R4; R3 SERVED)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908.
THIS REGULAR SECOND APPEAL IS LISTED FOR
HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS
UNDER:
ORAL ORDER
The appeal is listed today for orders and the name of the
appellant is printed/ shown in the cause list. The name of the
appellant is called out thrice in the open Court, there is no
representation on behalf of the appellant, either personally or
through video conferencing. The appellant is absent.
2. As could be seen from the daily order sheet, the
appeal was listed on 20.07.2023, on that day, counsel
Sri.P.Mahesh., was permitted to retire from the case and the
registry was directed to print the name of the appellant in the
cause list. Accordingly, the appeal is listed today by printing the
name of the appellant in the cause list. As could be seen from
NC: 2026:KHC:3714
HC-KAR
the appeal papers, the appeal is filed in 2008. Now we are in
2026. The appeal is pending from eighteen years. As already
noted above, the name of the appellant is called out thrice in
the open Court, there is no representation on behalf of the
appellant, either personally or through video conferencing. The
appellant has not engaged counsel to represent him in the
Court. It appears that the appellant is not interested in
prosecuting the appeal. Hence, the appeal is dismissed for
non-prosecution.
3. Because of dismissal of the appeal, interim order if
any stands discharged and pending interlocutory applications if
any are disposed of.
SD/-
(JYOTI M) JUDGE
PSJ List No.: 3 Sl No.: 18
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