Sri Basappa vs Sri Andanappa
2023 Latest Caselaw 770 Kant

                              1



      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 11TH DAY OF JANUARY, 2023

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH


                 R.S.A.NO.1485/2022 (INJ)


BETWEEN

1.    SRI BASAPPA
      S/O SRI. HANUMANTAPPA
      AGED ABOUT 74 YEARS

2.    SRI. KRISHNAPPA
      S/O SRI. HANUMANTAPPA
      AGED ABOUT 68 YEARS

      BOTH ARE AGRICULTURISTS
      BOTH ARE R/AT PADMENAHALLI VILLAGE
      KASABA HOBLI
      BHADRAVATHI TALUK
      SHIVAMOGGA DISTRICT-577301

                                            ...APPELLANTS

(BY SRI PRASHANTH H S, ADVOCATE)

AND

1 . SRI ANDANAPPA
    S/O SRI MANJAPPA
    AGED ABOUT 72 YEARS
    AGRICULTURIST
                              2




2. SRI SATHYAPPA
   S/O SRI MANJAPPA
   AGED ABOUT 60 YEARS
   AGRICULTURIST

3. SRI THAMMAIAH
   S/O SRI MANJAPPA
   AGED ABOUT 58 YEARS
   AGRICULTURIST

   ALL ARE R/O NIDIGE VILLAGE
   SHIVMOGGA TALUK-577229
                                            ... RESPONDENTS



      THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 05.09.2000
PASSED IN R.A.NO.29/1997 ON THE FILE OF THE CIVIL JUDGE
(SR. DIVISION) AND ADDL. JMFC, BHADRAVATHI AND ETC.

    THIS R.S.A. COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                      JUDGMENT

This second appeal is filed challenging the order of

dismissal of the appeal in R.A.No.29/1997 which was

dismissed in the year 2000 that is almost after a lapse of 22

years hence, there was a delay of 7274 days. The appeal in

R.A.No.29/1997 was also not adjudicated on merits and

dismissed for non-prosecution. When such being the case,

this second appeal is not maintainable against the dismissal

of the appeal in R.A. for non-prosecution and the remedy

lies elsewhere. Hence, I do not find any ground to

entertain the second appeal in a delay of 7274 days in filing

this appeal that is almost after a lapse of 22 years and

liberty is given to the appellants to approach the

appropriate forum. With this observation, this appeal is

disposed of.

2. In view of disposal of the main appeal, I.A.s if

any, do not survive for consideration and the same stand

disposed of.

Sd/-

JUDGE

SN