Mr Kempaiah vs Mr H P Borappa
2023 Latest Caselaw 8114 Kant

Karnataka High Court

Mr Kempaiah vs Mr H P Borappa on 22 November, 2023

                                               -1-
                                                          NC: 2023:KHC:42043
                                                         RSA No. 531 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 22ND DAY OF NOVEMBER, 2023

                                            BEFORE

                           THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                    REGULAR SECOND APPEAL NO. 531 OF 2012 (INJ)

                   BETWEEN:

                   1.     MR. KEMPAIAH
                          S/O. LATE MADAIAH
                          SINCE DEAD BY HIS LR'S

                   1(A) MRS.CHINNAMMA
                        AGED 65 YEARS
                        W/O LATE KEMPAIAH

                   1(B) MR. PRAKASH N.K.
                        AGED 42 YEARS
                        W/O LATE KEMPAIAH

                   1(C) MRS. SUJATHA N.K.
Digitally signed        AGED 38 YEARS
by SUNITHA              W/O LATE KEMPAIAH
GANGARAJU
Location: High     1(D) MR. VIJAYAKUMAR N.K.
Court of                AGED 34 YEARS
Karnataka               W/O LATE KEMPAIAH

                          ALL ARE R/AT
                          NAGARALE VILLAGE
                          NANJANGUD TALUK
                          MYSURU DISTRICT - 571 129.

                   2.     MR. NANJUNDAIAH
                          AGE 62 YEARS,
                          S/O LATE MADAIAH,
                          RESIDING AT NAGARLE VILLAGE,
                           -2-
                                     NC: 2023:KHC:42043
                                    RSA No. 531 of 2012




       NANJANGUD TALUK AND
       PRESENTLY R/AT CHANNAPATNA VILLAGE,
       HULLAHALLI HOBLI,
       NANJANGUD TALUK

3.     MR. KUMAR
       AGE 38 YEARS,
       S/O KEMPAIAH
       RESIDING AT NAGARLE VILLAGE,
       NANJANGUD TQ AND PRESENTLY R/AT
       CHANNAPATNA VILLAGE,
       HULLAHALLIHOBLI,
       NANJANGUD TALUK

                                             ...APPELLANTS

[BY SRI. S VICTOR MANOHARAN., ADVOCATE (ABSENT)
    V/O DATED 04.04.2019 APPEAL AGAINST APPELLANT
    No.1 STANDS DISMISSED]


AND:

1.   MR H P BORAPPA
     AGE 61 YEARS,
     S/O PUTTASWAMAPA,
     RESIDING AT HADYA VILLAGE,
     HULLAHALLI HOBLI,
     NANJANGUD TALUK

2.   MR. H.B. SOMASHEKARAPPA
     AGE: 55 YEARS,
     S/O PUTTASWAMAPPA,
     RESIDING AT HADYA VILALGE,
     HULLAHALLI HOBLI,
     NANJANGUD TALUK
                                        ...RESPONDENTS
(BY SRI. P MAHESHA, ADVOCATE FOR R1 & R2)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 07.09.2011 PASSED IN
R.A.NO.64/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
                                -3-
                                          NC: 2023:KHC:42043
                                         RSA No. 531 of 2012




NANJANGUD, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 16.12.2008 PASSED IN
O.S.NO.157/2006 ON THE FILE OF THE ADDL. CIVIL JUDGE
(JR.DN) & JMFC., NANJANGUD.

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

                        JUDGMENT

Case called twice. None appears for the appellants.

Even on the last date of hearing i.e., on 07.11.2023, none

appeared for the appellants. As the matter is of the year

2012, it seems that the appellants are not interested in

prosecuting the appeal. Accordingly, the appeal is

dismissed for non prosecution.

In view of disposal of the appeal, pending IAs, if any,

do not survive for consideration and are accordingly

disposed of.

Sd/-

JUDGE

SKS