Sri M Thibbegowda vs Sri M C Kumar
2023 Latest Caselaw 1483 Kant

                                                  -1-
                                                           RSA No. 922 of 2017




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 21ST DAY OF FEBRUARY, 2023

                                              BEFORE

                                 THE HON'BLE MR JUSTICE H.P.SANDESH

                              REGULAR SECOND APPEAL NO.922 OF 2017

                      BETWEEN:

                      1.   SRI M. THIBBEGOWDA,
                           S/O LATE THIBBEGOWDA,
                           AGED ABOUT 63 YEARS.

                      2.   SMT. PUTTALINGAMMA,
                           W/O M. THIBBEGOWDA,
                           AGED ABOUT 58 YEARS.

                           BOTH ARE R/AT M.SHETTAHALLI VILLAGE,
                           K.SHETTAHALLI HOBLI,
                           SRIRANGAPATNA TALUK,
                           MANDYA DISTRICT-573116.
                                                                  ...APPELLANTS

                                 (BY SRI KUMAR SWAMY S, ADVOCATE)
Digitally signed by
SHARANYA T
Location: HIGH        AND:
COURT OF
KARNATAKA
                      SRI M.C. KUMAR,
                      S/O CHIKKEBOREGOWDA,
                      AGED ABOUT 48 YEARS,
                      R/AT M.SHETTAHALLI VILLAGE,
                      K.SHETTAHALLI HOBLI,
                      SRIRANGAPATNA TALUK,
                      MANDYA DISTRICT-573116.
                                                                  ...RESPONDENT

                           THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
                      AGAINST THE JUDGMENT AND DECREE DATED 19.09.2016
                      PASSED IN RA NO.24/2015 ON THE FILE OF THE ADDL.
                      SENIOR CIVIL JUDGE, SRIRANGAPATNA, DISMISSING THE
                      APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
                                    -2-
                                                RSA No. 922 of 2017




DATED 26.06.2015 PASSED IN OS NO.452/2012 ON THE FILE
OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC,
SRIRANGAPATNA AND ETC.

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

                             JUDGMENT

This appeal was filed in the year 2017. On 13.11.2019,

this Court ordered to issue emergent notice to the

respondent. After that, this matter was listed on 06.02.2023.

On 06.02.2023, this Court noticed that the counsel for the

appellants has not paid the process fee to issue notice against

the respondent hence, two weeks time was granted to do the

needful and made it clear that if process fee is not paid, list

the matter on 21.02.2023. Inspite of sufficient opportunity

was given, the counsel for the appellant has not made out any

efforts to prosecute the matter. Hence, it shows that the

appellants have not interested in pursuing the matter

diligently. Accordingly, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

SN