Smt Savithramma vs Rekha
2023 Latest Caselaw 1903 Kant

                                                -1-
                                                          RSA No. 106 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 16TH DAY OF MARCH, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 106 OF 2022 (PAR)

                   BETWEEN:

                   1.    SMT. SAVITHRAMMA
                         W/O. LATE MANJUNATH
                         AGED ABOUT 44 YEARS,

                   2.    SRI PALAKSHA
                         S/O. LATE MANJUNATH
                         AGED ABOUT 25 YEARS,

                   3.    SMT. POOJA
                         D/O. LATE MANJUNATH
                         AGED ABOUT 23 YEARS,

                         ALL ARE R/AT MADHAPURA VILLAGE
                         CHELUR HOBLI, GUBBI TALUK
                         TUMAKURU DISTRICT-572 216.
Digitally signed
by SHARANYA T                                                ...APPELLANTS
Location: HIGH
COURT OF                       (BY SRI. VISHWANATH A., ADVOCATE)
KARNATAKA
                   AND:

                   1.    REKHA
                         D/O. LATE PARAMESHAIAH
                         W/O. MALLIKARJUNAIAH
                         AGED ABOUT 43 YEARS,
                         R/AT KEREGODI THOTADAMANE
                         RANGAPURA POST , KASABA HOBLI
                         TIPTUR TALUK
                         TUMAKURU DISTRICT-572 201.
                               -2-
                                          RSA No. 106 of 2022




2.   MAHADEVAMMA
     W/O. LATE PARAMESHAIAH
     AGED ABOUT 61 YEARS
     R/AT MADHAPURA VILLAGE
     CHELUR HOBLI, GUBBI TALUK
     TUMAKURU DISRICT-572 216.

     NOW R/AT KEREGODI THOTADAMANE
     RANGAPURA POST,
     KASABA HOBLI, TIPTUR TALUK
     TUMAKURU DISTRICT-572 201.
                                               ...RESPONDENTS

           (BY SRI. CHETAN A., ADVOCATE FOR C/R1)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., 1908
AGAINST THE JUDGMENT AND DECREE DATED 28.10.2021
PASSED IN R.A.NO.88/2021 ON THE FILE OF THE VII
ADDITIONAL DISTRICT JUDGE, TUMAKURU, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
DATED 06.04.2021 PASSED IN O.S.NO.81/2019 ON THE FILE
OF THE SENIOR CIVIL JUDGE, GUBBI.

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

                            ORDER

Learned counsel for the appellants is absent.

2. This matter was called twice on 02.03.2033 and

learned counsel for the appellants was absent on both the

occasions and learned counsel for the respondents was present

and this Court, in the ends of justice, granted one more

opportunity to the learned counsel for the appellants and also

made it clear that, if the learned counsel for the appellants

RSA No. 106 of 2022

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

dismissed for non-prosecution. Inspite of the said order, today

also, learned counsel for the appellants is absent and it appears

that the learned counsel for the appellants is not interested in

pursuing the matter.

Accordingly, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

ST