Miss. Vedavathi vs Smt Uma
2023 Latest Caselaw 1813 Kant

                                              -1-
                                                        RSA No. 552 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 13TH DAY OF MARCH, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 552 OF 2017 (PAR)

                   BETWEEN:

                   1.    MISS. VEDAVATHI
                         D/O LATE C. NAGAPPA,
                         AGED ABOUT 24 YEARS,
                         OCCUPATION : NILL
                         R/AT MINAKINGURAKI VILLAGE,
                         MANCHENAHALLI HOBLI,
                         GOWRIBIDANUR TALUK-561 208
                         CHIKKABALLAPUR DISTRICT.

                   2.    SMT. JAYAMMA
                         W/O LATE C. NAGAPPA,
                         AGED ABOUT 54 YEARS,
                         OCCUPATION:NILL,
                         R/AT MINAKINGURAKI VILLAGE,
                         MANCHENAHALLI HOBLI,
Digitally signed
by SHARANYA T            GOWRIBIDANUR TALUK-561 208
Location: HIGH           CHIKKABALLAPUR DISTRICT
COURT OF                                                      ...APPELLANTS
KARNATAKA
                           (BY SRI. VENKATESH N., ADVOCATE [ABSENT])

                   AND:

                   1.    SMT. UMA
                         D/O LATE C. NAGAPPA,
                         W/O BALAPPA
                         AGED ABOUT 49 YEARS,
                         OCCUPATION:NIL
                         R/AT MINAKINGURAKI VILLAGE,
                         MANCHENAHALLI HOBLI,
                                -2-
                                           RSA No. 552 of 2017




     GOWRIBIDANUR TALUK
     PIN-561 208
     CHIKKABALLAPUR DISTRICT.

2.   SMT. SHANTHAMMA
     D/O LATE C NAGAPPA,
     W/O NAGARAJAPPA
     AGED ABOUT 44 YEARS,
     OCCUPATION:NIL
     R/AT MINAKINGURAKI VILLAGE,
     MANCHENAHALLI HOBLI,
     GOWRIBIDANUR TALUK
     PIN - 561 208
     CHIKKABALLAPUR DISTRICT.
                                               ...RESPONDENTS

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 18.01.2017 PASSED IN
RA NO.31/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., GOWRIBIDANUR, PARTLY ALLOWING THE APPEAL
AND MODIFYING THE JUDGMENT AND DECREE DATED
15.06.2016 PASSED IN OS NO.232/2012 ON THE FILE OF THE
ADDL. CIVIL JUDGE AND JMFC, GAURIBIDANUR.

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

                          JUDGMENT

This appeal was filed in the year 2017. The learned

counsel for the appellants is not pursuing the matter. Hence,

this Court on 27.02.2023, taken note of the fact that the appeal

is of the year 2017 and the matter is still pending for

consideration and also the learned counsel for the appellants is

not interested in pursuing the matter diligently. However, in the

interest of justice one more opportunity is given to the learned

RSA No. 552 of 2017

counsel for the appellants to prosecute the matter and also it is

made clear that if the learned counsel for the appellants does

not appear on the next date of hearing, the appeal will be

dismissed for non-prosecution.

2. In spite of an opportunity is given to the learned

counsel for the appellants; he is not pursuing the matter from

the year 2017. Hence, the appeal is dismissed for non-

prosecution.

3. In view of dismissal of the appeal, I.A.No.1/2017

for stay does not survive for consideration, the same stands

disposed of.

Sd/-

JUDGE

CP