Sri Munivenkatappa vs Sri S G Narayanaswamy
2023 Latest Caselaw 5905 Kant

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                                                            NC: 2023:KHC:30430
                                                       RSA No. 1945 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 23RD DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1945 OF 2017 (SP)

                   BETWEEN:

                         SRI MUNIVENKATAPPA
                         S/O LATE DASAPPA,
                         AGED ABOUT 71 YEARS,
                         R/AT SADAHALLI VILLAGE,
                         KASABA HOBLI, DEVANAHALLI TALUK,
                         BANGALORE RURAL DISTRICT-562110.
                                                              ...APPELLANT

                           (BY SRI VIJAYA SHEKARA GOWDA V., ADVOCATE)
                   AND:

                   1.    SRI S.G. NARAYANASWAMY
                         S/O LATE DODDA GOPALAPPA,
Digitally signed         AGED ABOUT 59 YEARS,
by SHARANYA T            R/AT SADAHALLI VILLAGE,
Location: HIGH           KASABA HOBLI, DEVANAHALLI TALUK
COURT OF
KARNATAKA                BENGALURU RURAL DISTRICT-562110

                   2.    SMT. LAKSHMAMMA
                         W/O LATE KRISHNAPPA
                         @ CHIKKAPUTTAPPA
                         AGED ABOUT 51 YEARS,
                         R/AT UGANAVADI VILLAGE,
                         KASABA HOBLI, DEVANAHALLI TALUK
                         BANGALORE RURAL DISTRICT-562110
                                                               ...RESPONDENTS
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                                                  NC: 2023:KHC:30430
                                               RSA No. 1945 of 2017




     THIS R.S.A IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 24.06.2017 PASSED IN
R.A.NO.15003/2016 ON THE FILE OF THE V ADDL.DISTRICT
AND SESSIONS JUDGE, DEVANAHALLI ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
23.07.2015 PASSED IN O.S.NO.1546/2006 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC., DEVANAHALLI.

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

Learned counsel for appellant is absent.

2. This appeal is of the year 2017 and when the

matter was listed before the Court and same was adjourned on

the request of the counsel for the appellant on several

occasions. The counsel was not pursuing this matter diligently,

however, in the ends of justice this Court has given one more

opportunity for the counsel to pursue the matter and also made

it clear that if the counsel fails to appear before the Court in the

next date of hearing, the appeal will be dismissed. In spite of

this order also, the counsel for appellant is not pursuing the

matter diligently. Hence, the appeal is dismissed for non

prosecution.

Sd/-

JUDGE RHS