Karnataka High Court
Sri. Yuvaraj vs Smt. Sannamma on 7 March, 2023
Bench: H.P.Sandesh
-1-
RSA No. 1156 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1156 OF 2018 (PAR)
BETWEEN:
1. SRI. YUVARAJ
S/O SRI. P. SHIVANNA,
AGED ABOUT 46 YEARS
NO.2185, 2186, K-2-1
MADHAVACHAR ROAD,
K.R.MOHALLA,
MYSURU-570 024.
2. SRI. RAGHAVENDRA
S/O SRI.P.SHIVANNA,
AGED ABOUT 44 YEARS
R/AT NO.2185, 2186, K-2-1
MADHAVACHAR ROAD,
K.R.MOHALLA,
MYSURU-570 024
Digitally signed by
SHARANYA T
Location: HIGH 3. SRI. SHIVAKUMAR
COURT OF S/O SRI.P.SHIVANNA,
KARNATAKA
AGED ABOUT 40 YEARS
R/AT NO.2185, 2186, K-2-1
MADHAVACHAR ROAD,
K.R.MOHALLA,
MYSURU-570 024
...APPELLANTS
(BY SRI. V.B. SHIVA KUMAR., ADVOCATE [ABSENT])
-2-
RSA No. 1156 of 2018
AND:
SMT. SANNAMMA
W/O SRI.POTHEGOWDA,
AGED ABOUT 68 YEARS
SINCE DEAD BY HER LRS.,
ALREADY ON RECORD BEFORE
THE TRIAL COURT AND THE COURT BELOW
SRI. POTHEGOWDA
S/O LATE DONNE NINGEGOWDA,
SINCE DEAD BY HIS LRS.,
ALREADY ON RECORD BEFORE THE
TRIAL COURT AND THE COURT BELOW
SRI.P.MANJUNATH
S/O SRI. POTHEGOWDA
SINCE DEAD BY HIS LRS,
ALREADY ON RECORD BEFORE THE
TRIAL COURT AND THE COURT BELOW
1 SRI M.P.GANGARAJU
S/O LATE P.MANJUNATH
AGED ABOUT 45 YEARS
2 SRI M.P.ANAND
S/O LATE P.MANJUNATH
AGED ABOUT 41 YEARS
3 SMT.M.P.SUCHITHRA
D/O LATE P.MANJUNATH
AGED ABOUT 45 YEARS
ALL RESIDING AT No.89/2
2ND CROSS, M BLOCK
KUVEMPUNAGAR
MYSURU-570 023.
4. SRI.P.SHIVANNA
S/O SRI. POTHEGOWDA,
AGED ABOUT 70 YEARS
PROPRIETOR,
-3-
RSA No. 1156 of 2018
CHAMUNDESHWARI BAR
AND RESTAURANT,
NO.2367, 2368 NEW NO.K-66,
K-66/1 AND K-66/2,
MADHAVACHAR ROAD,
K.R.MOHALLA,
MYSURU-570 024.
5. SMT. R. PADMAVATHI
W/O SRI. MANJUNATH,
AGED ABOUT 50 YEARS
RESIDING AT NO.993,
AGNIHAMSA ROAD,
E AND F BLOCK, BEHIND HOTEL
SHANTHI SAGAR,
KUVEMPU NAGAR,
MYSURU-570 023.
6. SRI. D. JAYAPRAKASH
S/O LATE D.GOPALAIAH,
AGED ABOUT 59 YEARS
RESIDING AT DODDAMANE,
NEAR SHIVAPURA RAILWAY STATION,
MADDUR TALUK
MANDYA DISTRICT-571 429.
...RESPONDENTS
THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DTD 04.12.2017 PASSED IN
R.A.NO.422/2016 ON THE FILE OF THE V ADDL. DISTRICT AND
SESSIONS JUDGE, MYSURU DISMISSING THE APPEAL AND
CONFIRMING THE JUDGEMENT AND DECREE DTD 29.02.2016
PASSED IN O.S.NO.122/2003 ON THE FILE OF THE PRL.
JUDGE, COURT OF SMALL CAUSES, MYSURU.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
ORDER
The learned counsel for the appellants is absent.
RSA No. 1156 of 2018
2. This appeal was filed in the year 2018. On
09.08.2018, notice was ordered on I.A.No.2/2018. Once again
the matter was listed on 16.09.2019, on that day, the learned
counsel for the appellants sought three weeks time to comply
with the office objections. The order is very clear that the
appellants shall comply with the office objections within a
period of three weeks. If the office objections are not complied
with, within such period, the appeal shall be listed for dismissal.
Accordingly, the appeal was dismissed on 10.01.2020.
Thereafter, an application - I.A.No.1/2020 was filed to recall
the order dated 10.01.2020. This Court vide order dated
05.02.2021, allowed the application - I.A.No.1/2020 and also
ordered that in the meanwhile, the learned counsel for the
appellants shall comply with the office objections, if any, within
four weeks. The matter was again listed on 29.11.2021. On
that day, the matter called twice; there was no representation
on behalf of the appellants. However, in the interest of justice,
finally two weeks' time was granted to the learned counsel for
the appellants to do the needful in the matter.
3. Even though the order was passed on 29.11.2021
to pay the process, the process fee was not paid. Having taken
RSA No. 1156 of 2018
note of the entire order sheet, it appears that the learned
counsel for the appellants is not diligent in pursuing the matter
though the appeal was filed in the year 2019.
4. Hence, the appeal is dismissed for non-furnishing of
six sets of I.A.No.2/2018 copies and cover, acknowledgement
etc., in respect of respondent Nos.1 to 3.
Sd/-
JUDGE
CP
