M N Mallikarjunaswamy vs N M Mallikarjunaiah
2023 Latest Caselaw 5502 Kant

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                                                             NC: 2023:KHC:28492
                                                        RSA No. 2389 of 2008




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 10TH DAY OF AUGUST, 2023

                                            BEFORE
                    THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
                    REGULAR SECOND APPEAL NO. 2389 OF 2008(INJ)
                   BETWEEN:

                   1.    M N MALLIKARJUNASWAMY
                         S/O LT N M NANJAIAH,
                         AGED ABOUT 49 YEARS,
                         R/A HARIJAN COLONY,
                         SATHEGALA VILLAGE,
                         KOLLEGALA TALUK - 571 313,
                         CHAMARAJANAGAR TQ.,                 ...APPELLANT

                   (BY SRI. P C SUNITHA, ADVOCATE)

                   AND:

                   1.    N M MALLIKARJUNAIAH DEAD BY LRs.,
Digitally signed   (a) DR. B.N.DAKSHAYNI
by                     W/O LATE N M MALLIKARJUNAIAH,
RENUKAMBA
                       AGED ABOUT 68 YEARS,
KG
Location: High     (b) M.N. NIRANJAN
Court of               S/O N M MALLIKARJUNAIAH,
Karnataka              AGED ABOUT 41 YEARS,
                   (c)   SMT.ANUPAMA
                         W/O GOUTHAM,
                         AGED ABOUT 38 YEARS,

                   (d) PURNACHANDRA TEJASWI
                       S/O LATE N M MALLIKARJUNAIAH,
                       AGED ABOUT 34 YEARS,
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                                            NC: 2023:KHC:28492
                                         RSA No. 2389 of 2008




    ALL ARE RESIDENTS OF NO.2624, GOUTHAM
    NILAYA, 37TH CROSS, 26TH MAIN ROAD,9TH BLOCK,
    JAYANAGAR,
    BANGALORE - 560 011.                ...RESPONDENTS




(BY SRI. J PRAKASH FOR R1(b) to (d)., ADVOCATE)

     THIS RSA IS FILED U/S. 100 OF CPC PRAYING TO
SET ASIDE THE JUDGEMENT & DECREE DATED 18.10.2008
PASSED IN R.A.NO.38/2007 ON THE FILE OF THE CIVIL
JUDGE (SR. DN.) & JMFC., KOLLEGALA, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
DATED 01.08.2007      PASSED IN O.S. NO.53/2003 ON
THE FILE OF THE ADDL. CIVL JUDGE (JR. DN.) & JMFC.,
KOLLEGALA AND TO ALLOW THE APPEAL.

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

                         JUDGMENT

The learned counsel for appellant is absent. and the

learned counsel for the respondents is present.

2. As per the request of learned counsel for the

appellant on 03.08.2023 the matter was listed for today and

the learned counsel for the appellant has undertaken to argue

the matter today without any excuse. However, today there

is no representation on behalf of the appellant. It is evident

NC: 2023:KHC:28492 RSA No. 2389 of 2008

that the appellant is not interested in prosecuting the matter

and by one or the other way matter is being protracted.

3. Considering the fact that the matter is pending

since 2008, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

PSJ