Channegowda vs Jogigowda
2023 Latest Caselaw 2151 Kant

                                             -1-
                                                      RSA No. 2165 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 10TH DAY OF APRIL, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO.2165 OF 2018 (PAR)


                   BETWEEN:

                   CHANNEGOWDA
                   S/O LATE CHANNE GOWDA @
                   HADAYADA CHANNA @ KARIYA,
                   AGED ABOUT 76 YEARS,
                   R/O DUDDA VILLAGE,
                   DUDDA HOBLI,
                   MANDYA TALUK AND DISTRICT-571405


                                                             ...APPELLANT
                   (BY SRI. D S HOSMATH, ADVOCATE)
Digitally signed
by SHARANYA T
Location: HIGH
COURT OF
KARNATAKA          AND:

                         JOGIGOWDA
                         S/O LATE CHANNEGOWDA @
                         HADAYADA CHANNA @ KARIYA,
                         SINCE DEAD BY HIS LRS.,
                   1.    CHANNAMMA,
                         W/O LATE JOGIGOWDA,
                         AGED ABOUT 72 YEARS,
                          -2-
                                 RSA No. 2165 of 2018




2.   KARIGOWDA
     S/O LATE CHANNEGOWDA @
     HADAYADA CHANNA @ KARIYA
     AGED ABOUT 72 YEARS,

3.   BORAMMA
     D/O LATE CHANNEGOWDA @
     HADAYADA CHANNA @ KARIYA
     W/O KARIGOWDA
     AGE NOT KNOWN ,

4.   JOGIGOWDA
     S/O JOGIGOWDA,
     AGED ABOUT 61 YEARS,

5.   CHANNEGOWDA
     S/O JOGIGOWDA,
     AGED ABOUT 59 YEARS,

     ALL ARE R/O DUDDA VILLAGE
     DUDDA HOBLI
     MANDYA TALUK AND
     DISTRICT-571405.

                                     ...RESPONDENTS

      THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 25.07.2018
PASSED IN R.A.NO.18/2017 ON THE FILE OF THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA
AND ETC.


      THIS R.S.A. COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                            -3-
                                     RSA No. 2165 of 2018




                       ORDER

This appeal was filed in the year 2018. This Court,

vide order dated 29.03.2023 observed that notice was

ordered on 23.03.2022 but till date process fee was not

paid. However, in the ends of justice, time of one week

was granted to pay the process fee to issue notice against

respondent Nos.1 to 5 and also made it clear that failing

which, list this matter for dismissal on 10.04.2023. Even

though one week time was granted on 29.03.2023,

process fee is not paid. Hence, the appeal is dismissed in

view of the peremptory order dated 29.03.2023.

Sd/-

JUDGE

SN