K. C. Rathnamma vs K. P. Vijayakumar
2023 Latest Caselaw 5713 Kant

                                              -1-
                                                       NC: 2023:KHC:29195
                                                      RSA No. 828 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 17TH DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                    REGULAR SECOND APPEAL NO. 828 OF 2017 (DEC/INJ)

                   BETWEEN:

                   1.    K.C. RATHNAMMA
                         D/O LATE CHIKKARANGAPPA,
                         AGED ABOUT 54 YEARS,
                         R/AT KADAVIGERE VILLAGE,
                         KALLAMBELLA HOBLI,
                         SIRA TALUK-572 137,
                         TUMKUR DISTRICT.

                   2.    K.C. PADDAMMA
                         D/O. LATE CHIKKARANGAPPA,
                         AGED ABOUT 52 YEARS,
                         R/AT KADAVIGERE VILLAGE,
                         KALLAMBELLA HOBLI,
Digitally signed
by SHARANYA T            SIRA TALUK-572 137,
Location: HIGH           TUMKUR DISTRICT.
COURT OF
KARNATAKA          3.    K.C. VEDAVATHAMMA
                         D/O. LATE CHIKKARANGAPPA,
                         AGED ABOUT 49 YEARS,
                         R/AT KADAVIGERE VILLAGE,
                         KALLAMBELLA HOBLI,
                         SIRA TALUK-572 137,
                         TUMKUR DISTRICT.

                   4.    K.C. RUKMINI
                         D/O. LATE CHIKKARANGAPPA,
                         AGED ABOUT 47 YEARS,
                         R/AT KADAVIGERE VILLAGE,
                               -2-
                                            NC: 2023:KHC:29195
                                          RSA No. 828 of 2017




     KALLAMBELLA HOBLI,
     SIRA TALUK-572 137,
     TUMKUR DISTRICT.
                                              ...APPELLANTS

                   (BY SRI KAMARAAJU &
          SRI S. YOGENDRA, ADVOCATES [ABSENT])

AND:

1.   K.P. VIJAYAKUMAR
     S/O. PUTTASHAMANNA,
     AGED ABOUT 74 YEARS,
     R/AT NO.63,
     SREE MANJUNATHA PRASANNA,
     SREE BALAKRISHNA NILAYA,
     2ND MAIN, 2ND CROSS,
     T.P. KAILASAM ROAD,
     SAPTHAGIRI EXTENTION,
     TUMKUR-572 105.
                                              ...RESPONDENT

     THIS RSA IS FILED U/S. 100 OF CPC 1908, AGAINST THE
JUDGEMENT & DECREE DTD: 07.01.2017            PASSED IN
R.A.NO.179/2016 ON THE FILE OF THE VI ADDL. DISTRICT
AND SESSIONS JUDGE, TUMAKURU., DISMISSING THE APPEAL
AND CONFIRMING THE JUDGEMENT AND DECREE DTD
13.04.2016 PASSED IN OS.NO.4/2013 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, SIRA.

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

                          JUDGMENT

This matter is of the year 2017 and counsel in the previous

occasion on 3.8.2023 was also absent and this Court taking

note of no representation for the appellants through out made

an observation that, appellants counsel not pursuing the matter

NC: 2023:KHC:29195 RSA No. 828 of 2017

diligently. However, in the ends of justice, one more

opportunity was given and also made it clear that, if counsel for

the appellants does not appear on the next date of hearing, the

appeal will be dismissed for non-prosecution.

2. In spite of it, for a period of six years matter has not

been pursued by the appellants counsel and hence, appeal is

dismissed for non prosecution, in view of the peremptory order

dated 3.8.2023.

Sd/-

JUDGE

AP