Smt Basavarajammanni vs Smt Kempamma
2023 Latest Caselaw 773 Kant

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       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.707/2019 (SP)

BETWEEN:

SMT. BASAVARAJAMMANNI
W/O. SADASHIVAIAH
AGE : 53 YEARS
OCC: AGRICULTURE,
R/O. SANTHEMARALLI VILLAGE & HOBLI,
CHAMARAJANAGAR TALUK
MYSURU DISTRICT - 571 313.                   ... APPELLANT

         [BY SRI CHANDRASHEKHAR CHANNABASAPPA
              CHANASPUR, ADVOCATE (ABSENT)]
AND:

1.     SMT. KEMPAMMA
       W/O. LATE PUTTEGOWDA
       AGE: 80 YEARS
       OCC: AGRICULTURE

2.     SRI BASAVARAJU
       S/O. LATE PUTTEGOWDA
       AGE: 45 YEARS
       OCC: AGRICULTURE

       BOTH ARE R/O. CHANNADAGUDI
       HUNDI VILLAGE
       VEERADEVANAPURA DHAKLE
       KASABA HOBLI, NANJANGUD TALUK
       MYSURU DISTICT - 571 301.          ... RESPONDENTS
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     THIS R.S.A IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGEMENT AND DECREE DATED 07.06.2016
PASSED IN R.A.NO.77/2014 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, NANJANGUD, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
07.10.2014 PASSED IN O.S.NO.98/2014 ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE AND JMFC, NANJANGUD.

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

                           JUDGMENT

This matter was listed on 04.01.2023 and on that day, the

proxy counsel appearing on behalf of the learned counsel for the

appellant sought time on the ground that relative of the counsel

has passed away and he has gone to Koppal and ordered to list

this matter today.

2. This matter is called twice in the morning as well as

in the afternoon session, no representation on behalf of the

appellant.

3. Having perused the appeal memorandum also, the

Trial Court has granted decree in favour of the appellant-plaintiff

and the same was modified by the Appellate Court in the appeal

directing the appellant-plaintiff to pay earnest money of

Rs.10,000/- under the contract with interest at 12% per annum

from the date of the suit till its realization. Having taken note of

the said fact into consideration and the learned counsel

appearing for the appellant is not diligent in pursuing the matter,

the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

ST