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2025 Supreme(Online)(Kar) 10728

KARNATAKA HIGH COURT
S.G.PANDIT, T.M.NADAF, JJ
SMT. SUSHEELAMAMMA – Appellant
Versus
PAPA REDDY – Respondent
REGULAR FIRST APPEAL NO. 1653 OF 2013



Advocates:
For the Appellants/Petitioners: SRI PREREET JAIN, SRI P.MAHESHA
For the Respondents: SR ROHITH R. KUMAR

Failure to file required documents leads to dismissal of appeal for non-prosecution.

Headnote:In this appeal, the Court considered the procedure under Section 96 of CPC. The appellants, represented by learned counsel, failed to file the necessary paper book, leading to dismissal of the appeal for non-prosecution. The court underscored its prior allowances for time and costs imposed. The issue primarily revolved around the procedural compliance from the appellants. The Court determined that the failure to respond adequately by the appellants warranted dismissal of the appeal at this stage. Consequently, the appeal is dismissed for non-prosecution/non-filing of paper book.

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

Learned counsel Sri Prereet Jain appearing on behalf of Sri P.Mahesha, learned counsel for appellants submits that he has no instructions from the appellants. Hence, the paper book copy could not be filed.

2. This Court granted time to file paper book on

10.06.2021, 05.01.2023, 06.07.2023, 13.08.2024 and 08.01.2025 and on one occasion cost was also imposed. The appellants failed to deposit the cost or to file the paper book.

In the above circumstances, the appeal is dismissed for non-prosecution/non-filing of paper book.

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