Mr Rajashekaraiah vs M Parameshwaraiah

Citation : 2024 Latest Caselaw 15343 Kant
Judgement Date : 2 July, 2024

Karnataka High Court

Mr Rajashekaraiah vs M Parameshwaraiah on 2 July, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                  -1-
                                                          NC: 2024:KHC:25077
                                                         RSA No. 968 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 2ND DAY OF JULY, 2024

                                            BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                        REGULAR SECOND APPEAL NO. 968 OF 2020 (PAR)
                   BETWEEN:

                   1.    MR. RAJASHEKARAIAH,
                         AGE ABOUT 75 YEARS,
                         S/O LATE THOTADAPPA,
                         R/O NO.225, 3RD CROSS,
                         NEW BANK COLONY,
                         KONANAKUNTE,
                         BENGALURU - 560 62

                   2.    MR. T. BASAVARAJAIAH
                         AGE ABOUT 70 YEARS,
                         S/O LATE THOTADAPPA,
                         R/O 2ND CROSS, 2ND MAIN,
                         SRINAGARA, KYATHASANDRA,
                         TUMKURU - 572 104
Digitally signed
by DEVIKA M                                                     ...APPELLANTS
Location: HIGH     (BY SRI. VIJAYA KRISHNA BHAT M., ADVOCATE)
COURT OF
KARNATAKA
                   AND:

                   1.    M. PARAMESHWARAIAH,
                         S/O LATE THOTAPPA,
                         AGE ABOUT 83 YEARS,
                         R/AT BYATHA AT POST, URDIGERE HOBLI,
                         TUMAKUR TALUK - 572 140

                   2.    GANGAMMA
                         W/O LATE BASAVAIAH @ GANGAIAH
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                                      NC: 2024:KHC:25077
                                     RSA No. 968 of 2020




     AGED ABOUT 70 YEARS
     R/O HANUMANTHAPURA POST,
     MIDIGESHI HOBLI,
     MADHUGIRI TALUK - 572 133

3.   SHIVAMMA,
     W/O LATE REVANNA
     AGE ABOUT 73 YEARS.

4.   RENUKAPPA
     S/O LATE REVANNA
     AGE ABOUT 53 YEARS

5.   VEDAMURTHY
     S/O LATE REVANNA
     AGE ABOUT 50 YEARS

6.   KUMARA
     S/O LATE REVANNA
     AGE ABOUT 48 YEARS

7.   SANGAPPAJI @ PRAKASH
     AGE ABOUT 46 YEARS

8.   DINESH
     S/O LATE REVANNA
     AGE ABOUT 45 YEARS

     THE RESPONDENTS NO.3 TO 8 ARE
     R/AT BYATHA VILLAGE
     URDIGERE HOBLI
     TUMAKUR TALUK - 572140
                                         ...RESPONDENTS
(BY SRI. SUBRAMANYA PRASAD T.V., ADVOCATE FOR R7)
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                                                   NC: 2024:KHC:25077
                                                  RSA No. 968 of 2020




     THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 17.01.2020
PASSED IN RA.No.82/2016 ON THE FILE OF THE VII
ADDITIONAL DISTRICT JUDGE, TUMAKURU, DISMISSING THE
APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE
DATED 10.02.2016 PASSED IN OS.No.57/2008 ON THE FILE OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
TUMAKUR.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                            JUDGMENT

Learned counsel for the appellant submits that he has telephonically informed the legal representatives of deceased - appellant No.1 and inspite of the same, they are not responding.

2. Learned counsel has neither paid the costs nor the complied with the office objections. Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE SS List No.: 1 Sl No.: 25