Karnataka High Court
S M Raju vs G L Dinesh on 1 July, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2024:KHC:24395
RSA No. 377 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 377 OF 2020 (PAR)
BETWEEN:
1. S.M.RAJU
AGED ABOUT 61 YEARS,
S/O LATE MALLAPPA,
RESIDENT OF SHATIGRAMA VILLAGE,
HASSAN TALUK,
HASSAN DISTRICT-573220.
...APPELLANT
(BY SRI. BASAVEGOWDA D.J., ADVOCATE [ABSENT])
AND:
1. G.L.DINESH
AGED ABOUT 50 YEARS,
Digitally signed S/O LATE G.N.LAKSHMAN,
by DEVIKA M RESIDING AT FLAT NO.M-3,
Location: HIGH "SWAMY KRUPA",
COURT OF NEW BANNIMANTAP EXTENSION,
KARNATAKA
SAYYAKI RAO ROAD,
MYSORE-570001.
2. SHANTAMMA
AGED ABOUT 54 YEARS,
W/O LATE LAKKANAYAKA @ INDRAKUMAR
3. MAYADEVI
AGED ABOUT 42 YEARS,
D/O LATE LAKKANAYAKA @ INDRAKUMAR
-2-
NC: 2024:KHC:24395
RSA No. 377 of 2020
4. NANDISHA
AGED ABOUT 39 YEARS,
S/O LATE LAKKANAYAKA @ INDRAKUMAR
5. MOHAN
AGED ABOUT 36 YEARS,
S/O LATE LAKKANAYAKA @ INDRAKUMAR
RESPONDENTS NO.2 TO 5 ARE
ALL RESIDENT OF SHANTIGRAMA VILLAGE,
HASSAN TALUK-573220.
...RESPONDENTS
(BY SRI. RANGARAMU V., ADVOCATE FOR R1 [ABSENT])
THIS RSA IS FILED UNDER SECTION 100 R/W RULE 1 OF
ORDER XLII OF CPC, 1908 AGAINST THE JUDGMENT AND
DECREE DATED 18.11.2019 PASSED IN R.A.NO.10/2017 ON
THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS
JUDGE HASSAN, DISMISSING THE APPEAL AND CONFIRMING
THE ORDER DATED 24.10.2016 PASSED IN EX.CASE
NO.289/2009 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, HASSAN.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is of the year 2020 and learned counsel for the appellant sought time on 19.09.2023 on the ground of ill- health and this Court ordered to list the matter on 05.10.2023. On 05.10.2023, learned counsel again sought time on the ground that he is suffering from throat infection and this Court granted time and ordered to list the matter in the third week of November, 2023 and matter was again listed on 20.02.2024 -3- NC: 2024:KHC:24395 RSA No. 377 of 2020 and none appeared for parties. The order sheet discloses that learned counsel for the appellant is not diligent in pursuing the matter, though the appeal is filed on 16.01.2020 and inspite of several opportunities, not pursuing the matter diligently and it appears that the learned counsel for the appellant is not interested in prosecuting the appeal.
Accordingly, the regular second appeal is dismissed for non-prosecution.
Sd/-
JUDGE ST List No.: 1 Sl No.: 82