Sri. M. S. Basavanna vs Sri. P. Nagaraja
2023 Latest Caselaw 5906 Kant

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                                                          NC: 2023:KHC:30429
                                                       RSA No. 1926 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. 1926 OF 2017 (INJ)

                   BETWEEN:

                   1.    SRI M.S. BASAVANNA
                         S/O LATE SHIVAPPA,
                         AGED ABOUT 74 YEARS,
                         R/AT SANTHEMARAHALLI
                         VILLAGE AND HOBLI,
                         CHAMARAJANAGARA TALUK-571115.
                                                            ...APPELLANT

                               (BY SRI RAVISHANKAR S., ADVOCATE)
                   AND:

                         SRI. P. NAGARAJA
                         SINCE DEAD BY HIS LRS
Digitally signed
by SHARANYA T      1.    MAHESH,
Location: HIGH           S/O LATE P. NAGARAJA,
COURT OF
KARNATAKA                AGED ABOUT 35 YEARS,

                         (THE LR OF RESPONDENT NO.1 IS DELETED
                         VIDE COURT ORDER DATED 05.01.2021)

                   2.    SRI P.MAHADEVSWAMY
                         S/O LATE PUTTASWAMAPPA,
                         AGED ABOUT 62 YEARS

                   3.    SRI P.SHEKAR
                         S/O LATE PUTTASWAMAPPA,
                         AGED ABOUT 60 YEARS,
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                                           NC: 2023:KHC:30429
                                        RSA No. 1926 of 2017




4.   SRI P.MADAPPA
     S/O LATE PUTTASWAMAPPA,
     AGED ABOUT 57 YEARS,

5.   SRI P.NAGENDRA
     S/O LATE PUTTASWAMAPPA,
     AGED ABOUT 56 YEARS,

6.   SRI P.SHIVAKUMAR
     S/O LATE PUTTASWAMAPPA,
     AGED ABOUT 54 YEARS,

     ALL ARE R/O. SANTHEMARANAHALLI
     VILLAGE AND HOLBI,
     CHAMARAJANAGAR TALUK-571115.
                                              ...RESPONDENTS

     THIS R.S.A IS FILED UNDER SEC.100 OF THE CPC., 1908,
AGAINST THE JUDGMENT AND DECREE DATED 05.06.2017
PASSED IN RA NO.63/2012 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND CJM., CHAMARAJANAGAR, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 07.07.2012 PASSED IN OS NO.113/2010 ON THE FILE
OF THE CIVIL JUDGE AND JMFC., YELANDUR.

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

Learned counsel for appellant is absent and he is absent

in the previous occasion also. This Court has taken note of the

fact that this appeal is of the year-2017. The counsel remains

always absent and not showing any interest in prosecuting the

appeal, however this Court has given one more opportunity to

NC: 2023:KHC:30429 RSA No. 1926 of 2017

pursue the appeal and also made it clear that if the counsel

fails to appear before the Court in next date of hearing, the

appeal will be dismissed. In spite of this order also, no

representation by the counsel for the appellant. Hence, the

appeal is dismissed for non prosecution.

Sd/-

JUDGE RHS