Karnataka High Court
Sri A Papanna vs Sri Mojjaiah on 28 March, 2023
Bench: H.P.Sandesh
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RSA No. 714 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 714 OF 2022 (SP)
BETWEEN:
1. SRI A. PAPANNA
S/O LATE SRI ANNAIAH
AGED ABOUT 76 YEARS
RESIDING AT DOOR NO.150
HINKAL, KASABA HOBLI
MYSURU TALUK.
...APPELLANT
(BY SRI. MAHADEVASWAMY H.P., ADVOCATE [ABSENT])
AND:
1. SRI MOJJAIAH
S/O LATE SRI BOLAIAH @ BACHAIAH
AGED ABOUT 81 YEARS
Digitally signed
by SHARANYA T
Location: HIGH 2. SRI NAGARAJU
COURT OF S/O SRI MOJJAIAH
KARNATAKA
AGED ABOUT 55 YEARS
SRI SWAMY
SINCE DEAD BY LRS
3. SMT. PAVITHRA
W/O LATE SRI SWAMY
AGED ABOUT 35 YEARS
4. AMSHIK
S/O LATE SRI SWAMY
AGED ABOUT 7 YEARS
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RSA No. 714 of 2022
(REPRESENTED BY HIS
MOTHER/GUARDIAN/NEXT FRIEND
3RD RESPONDENT)
APPELLANTS 1 TO 4 ARE
RESIDING AT C/O. MOJJAIAH
HINKAL VILLAGE, KASABA HOBLI
MYSURU TALUK
5. THE TAHASILDAR
MYSORE TALUK
MYSORE
SMT. THAYAMMA
DECEASED BY LRS
6. SMT. GAYATHRI
D/O LATE SMT. THAYAMMA
W/O SRI SHIVANNA
AGED ABOUT 58 YEARS
HINKAL VILLAGE
KASABA HOBLI
MYSURU TALUK
7. SMT. SUNDARAMMA
D/O LATE SMT. THAYAMMA
W/O SIDDANNA
AGED ABOUT 50 YEARS
HINKAL VILLAGE
KASABA HOBLI
MYSURU TALUK
8. SMT. BHAGYA
D/O LATE SMT THAYAMMA
W/O SRI SHIVALINGA
AGED ABOUT 47 YEARS
HUYILALU VILLAGE
YELWALA HOBLI
MYSURU TALUK
9 SMT.SHANTHA
D/O LATE SMT. THAYAMMA
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RSA No. 714 of 2022
W/O SRI MALLESH
AGED ABOUT 43 YEARS
HEBBAL
NEAR SURYA BAKERY CIRCLE
MYSURU CITY.
10. SRI PUNEETH KUMAR N.,
S/O NAGARAJU
AGED ABOUT 32 YEARS
RESIDING AT DOOR NO.258/2
HUNDI BEEDI, HINKAL VILLAGE
KASABA HOBLI
MYSURU TALUK
...RESPONDENTS
(BY SRI M.KRISHNAPPA, ADVOCATE FOR C/R2 [THROUGH VC];
SRI K.N.NITISH FOR
SRI K.V.NARASIMHAN, ADVOCATE FOR R10)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 11.01.2022 PASSED IN
R.A.NO.173/2019 ON THE FILE OF THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE, MYSURU, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
27.04.2019 PASSED IN O.S.NO.62/2002 ON THE FILE OF THE
JUDGE, ADDITIONAL COURT OF SMALL CAUSES, MYSURU.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
ORDER
This Court, vide order dated 14.03.2023 noted that the
learned counsel for the appellant was absent and learned
counsel for the respondents are present and also noted that
appellant is not showing interest in pursuing the matter.
However, in the ends of justice, one more opportunity was
RSA No. 714 of 2022
given and it was also made clear that, if the learned counsel for
the appellant does not appear on the next date of hearing, the
appeal will be dismissed for non-prosecution.
2. Today also, there is no representation on behalf of
the appellant. Hence, it appears that the learned counsel for
the appellant is not interested in pursuing the matter.
Therefore, in view of the peremptory order dated 14.03.2023,
the appeal is dismissed for non-prosecution.
Sd/-
JUDGE
ST
