Karnataka High Court
Sri Basavaraju A vs Shri Javare Gowda on 26 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:30010
RSA No. 264 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO. 264 OF 2009
BETWEEN:
1. SRI. BASAVARAJU A.,
S/O SRI. ANNAIAH,
AGED ABOUT 40 YEARS,
R/O D.NO 51, E.W.S. HOUSING BOARD COLONY,
HOLENARASIPURA,
HASSAN DISTRICT.
2. SHRI. SATHYANARAYANA
S/O SRI. ANNAIAH
AGED ABOUT 43 YEARS,
R/O NAGALAPURA VILLAGE,
HOLENARASIPURA TALUK,
HASSAN DISTRICT.
Digitally ...APPELLANTS
signed by
MALATESH (BY SRI. BASAVARAJU AND OTHERS (ABSENT);
KC
V/O DATED 27.02.2017, SERVICE OF NOTICE TO
Location:
HIGH A1 AND A2 HELD SUFFICIENT)
COURT OF
KARNATAKA AND:
1. SHRI. JAVARE GOWDA
S/O LATE MALLE GOWDA,
AGED ABOUT 50 YEARS,
PEDDANAHALLI,
S. ANKANAHALLI POST,
HOLENARASIPURA TALUK,
HASSAN DISTRICT.
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NC: 2024:KHC:30010
RSA No. 264 of 2009
2. SHRI. RAMESHA
S/O LATE MALLE GOWDA,
PEDDANAHALLI VILLAGE,
S. ANKANAHALLI POST,
HOLENARASIPURA TALUK,
HASSAN DISTRICT.
3. SHRI. NANJUNDA
S/O LATE SRI. SANNE GOWDA,
AGED ABOUT 55 YEARS,
R/O GULLADAPURA VILLAGE,
S. ANKANAHALLI POST,
HOLENARASIPURA TALUK,
HASSAN DISTRICT
4. SRI. E. KRISHNE GOWDA
S/O SRI. ANNEGOWDA
AGED ABOUT 45 YEARS,
R/O BHADRAVATHI.
D.T.O. TELEGRAM OFFICE,
BHADRAVATHI,
SHIMOGA DISTRICT
...RESPONDENTS
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED 6.12.2008 PASSED IN
R.A.NO.67/2001 ON THE FILE OF THE CIVIL JUDGE (SR.DN.),
HOLENARASIPURA, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGEMENT AND DECREE DATED
13.8.1999 PASSED IN OS.NO. 154/1997 ON THE FILE OF
THE CIVIL JUDGE (JR.DN.), HOLENARASIPURA.
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NC: 2024:KHC:30010
RSA No. 264 of 2009
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
This Court vide order dated 04-09-2015 issued Court notice to appellants. Court notice to appellant Nos.1 and 2 held sufficient and there afterwards they remained absent before this Court. Till today there is no progress in the case and rwegarding the application filed earlier to bring the legal representatives of deceased respondent No.4, office raised objection and the same is not cured. Left with no alternative, appeal is dismissed for non-prosecution.
Sd/-
(V SRISHANANDA) JUDGE LDC List No.: 2 Sl No.: 3