Lingegowda vs Sri N R Kempadas
2021 Latest Caselaw 5343 Kant

                                           RSA.1062/2010
                            1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 2ND DAY OF DECEMBER, 2021

                          BEFORE

       THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

          REGULAR SECOND APPEAL NO.1062/2010

BETWEEN:

LINGEGOWDA
S/O PUTTEGOWDA,
SINCE DEAD BY HIS LRS

1(A)     SRI RAJANNA

1(B)     SRI KALA KENCHEGOWDA

1(C)     SRI PUTTASWAMY

1(D)     SMT. JAYAMMA

1(E)     SMT. BHAGYAMMA

         ALL ARE MAJOR BY AGE AND
         CHILDREN OF LATE LINGEGOWDA AND
         ARE RESIDENT OF
         NELAMAKANAHALLI,
         VIRUPAKSHIPURA HOBLI,
         CHANNAPATNA TALUK.            ... APPELLANTS

(BY SRI ASHOK.K.L., ADV.- ABSENT)

AND:

SRI N. R. KEMPADAS,
S/O LATE RAGHYVEGOWDA,
AGED ABOUT 76 YRS,
NO.70, NELAMAKANAHALLI,
VIRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK.
DEAD ON 29.08.10.

R1(A) VENKATAMMA
      W/O LATE N.R.KEMPADAS,
                                               RSA.1062/2010
                            2

R1(B) VENKATESH
      S/O N.R.KEMPADAS,
      40 YEARS,

R1(C) SRINIVAS
      S/O LATE N.R.KEMPADAS,

R1(D) N.K.GIRISH
      S/O N.R.KEMPADAS,
      35 YEARS,

R1(E) N.K.ANUSUYAMMA,
      D/O N.R.KEMPADAS,
      33 YEARS,

     AMENDED AS PER
     ORDER DATED 2.2.15.           ... RESPONDENTS

(BY SRI K.P.ASOKUMAR, ADV.- ABSENT)

     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED11.2.2010 PASSED IN R.A.NO.125/2008 ON THE FILE OF
THE PRL. CIVIL JUDGE (SR.DN), RAMANAGARA, ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE
DATED 4.8.2008 PASSED IN O.S. NO.157/1999 ON THE FILE OF
THE PRL. CIVIL JUDGE (JR.DN) & JMFC., CHANNAPATNA.

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


                    JUDGMENT

This Court on 27.10.2021 had finally granted a

week's time to file the paper book, failing which the

matter was directed to be listed for dismissal.

2. Today, though the matter is called thrice, there

is no representation on behalf of the appellants and till RSA.1062/2010

date, the paper book is also not filed. Therefore, this

Court has no other option but to dismiss the appeal for

non-prosecution.

Accordingly, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

KNM/-