Papanna Shetty vs Smt Channamma

Citation : 2024 Latest Caselaw 18604 Kant
Judgement Date : 25 July, 2024

Karnataka High Court

Papanna Shetty vs Smt Channamma on 25 July, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                          NC: 2024:KHC:29229
                                                        RSA No. 1086 of 2021




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 25TH DAY OF JULY, 2024

                                             BEFORE

                               THE HON'BLE MR JUSTICE H.P.SANDESH

                          REGULAR SECOND APPEAL NO.1086 OF 2021 (PAR)

                   BETWEEN:

                   1.   PAPANNA SHETTY,
                        AGED ABOUT 67 YEARS,
                        S/O LATE BELURU SHETTY,
                        R/O G.MYLANAHALLY VILLAGE,
                        DUDDAHOBLI, HASSAN TALUK,
                        HASSAN DISTRICT.
                                                                 ...APPELLANT

                             (BY SRI DALWAI P. VENKATESH, ADVOCATE)

                   AND:

                   1.   SMT. CHANNAMMA,
                        AGED ABOUT 70 YEARS,
                        W/O GIRIMALLA SHETTY.
Digitally signed
by DEVIKA M
Location: HIGH     2.   SRI GOWRISHANKARA,
COURT OF                AGED ABOUT 25 YEARS,
KARNATAKA
                        S/O LATE RANGA SHETTY.

                   3.   SRI KALASHETTY,
                        AGED ABOUT 58 YEARS,
                        S/O LATE BELURU SHETTY.

                        RESPONDENTS NO.1 TO 3 ARE
                        R/AT MYLANAHALLY VILLAGE
                        DUDDAHOBLU,
                        HASSAN TALUK-573201.

                   4.   SRI SHEKARA @ SOMASHEKARA,
                        S/O RAJANNA,
                        R/O DODDAGADUGANAHALLY VILLAGE,
                                 -2-
                                             NC: 2024:KHC:29229
                                          RSA No. 1086 of 2021




    BASARALU HOBLI,
    NAGAMANGALA TALUK,
    MANDYA DISTRICT-571416.
                                                   ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 20.10.2016
PASSED IN R.A.NO.88/2013 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN,
PARTLY ALLOWING THE APPEAL AND FILED AGAINST THE
JUDGMENT AND DECREE DATED 10.04.2013     PASSED IN
O.S.NO.231/2009 ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE AND JMFC, HASSAN.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE H.P.SANDESH

                         ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE H.P.SANDESH) The learned counsel for the appellant submits that he has no instructions to pay the cost and also to comply with the office objections and the appellant is not cooperating.

2. In view of the said submission, the second appeal is dismissed for non-payment of cost and non-compliance of office objections.

Sd/-

(H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 29