Hombalegowda @ Motegowda vs Mariboregowda
2023 Latest Caselaw 9354 Kant

Karnataka High Court

Hombalegowda @ Motegowda vs Mariboregowda on 5 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                -1-
                                                        NC: 2023:KHC:43862
                                                      MFA No. 5384 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 5384 OF 2017 (ISA)


                   BETWEEN:

                   HOMBALEGOWDA
                   @ MOTEGOWDA
                   S/O LATE MAYIGOWDA
                   @ GENDEGOWDA
                   AGED ABOUT 72 YEARS
                   R/O THARANIGERE VILLAGE
                   BASARALU HOBLI,
                   MANDYA TALUK-571401
                                                               ...APPELLANT
                   (BY SRI. D S HOSMATH .,ADVOCATE [ABSENT])

                   AND:

                   1.    MARIBOREGOWDA
Digitally signed
by                       S/O SIDDEGOWDA @ GENDEGOWDA
DHANALAKSHMI             AGED ABOUT 74 YEARS
MURTHY
Location: High
Court of           2.    LOKESHA
Karnataka                S/O SIDDEGOWDA
                         AGED ABOUT 44 YEARS.

                   3.    RAMESHA
                         S/O SIDDEGOWDA
                         AGED ABOUT 36 YEARS

                   4.    BOREGOWDA
                         S/O BIDARAKATTE SIDDEGOWDA
                         AGED ABOUT 66 YEARS
                         ALL ARE RESIDENTS OF
                               -2-
                                          NC: 2023:KHC:43862
                                        MFA No. 5384 of 2017




     HANAGANAHALLI VILLAGE
     BASARALU HOBLI
     MANDYA TALUK-571401.
                                              ...RESPONDENTS
      THIS MFA IS FILED UNDER SECTION 299 OF INDIAN
SUCCESSION     ACT,1925,     AGAINST    THE   ORDER   DATED
05.10.2016 PASSED IN P & S.C.NO.1/2016 ON THE FILE OF
THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA,
DISMISSING THE PETITION FILED UNDER SECTION 276 OF
INDIAN SUCCESSION ACT.

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

                       JUDGMENT

1. None appears for the appellant.

2. When the matter was posted on 05.03.2021, none

appeared for the appellant. Hence, the matter was

adjourned by four weeks. Again on 25.10.2023 when the

matter was posted, none appeared for the appellant.

Hence, as a last chance, the matter was adjourned by next

week. Even today when the matter is called out, none

appears for the appellant.

NC: 2023:KHC:43862

3. It appears that the appellant is not interested in

prosecuting the case. Hence, the appeal is dismissed for

non-prosecution.

4. All pending applications are also disposed of.

Sd/-

JUDGE

HA