Karnataka High Court
Chikkanaika vs Ninganaika on 24 November, 2023
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NC: 2023:KHC:42582
RSA No. 3104 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO. 3104 OF 2007 (P-INJ)
BETWEEN:
1. CHIKKANAIKA,
AGED ABOUT 73 YEARS.
2. CHANNAIKA,
AGED AOBUT 66 YEARS,
BOTH ARE SONS OF
MARIGANDA NAIKANA CHENNANAIKA,
R/AT MAGUDILU VILLAGE,
ANTHARASANTHE HOBLI,
H.D.KOTE TALUK - 571 114.
...APPELLANTS
Digitally
(BY SMT. JAYASHREE G., ADVOCATE (ABSENT))
signed by
SANDHYA S AND:
Location:
High Court
of Karnataka 1. NINGANAIKA SINCE DEAD BY L.RS.
THIMMAMMA,
AGED 64 YEARS,
W/O LATE. NINGANAIKA,
RESIDING NEAR SHANIDEVARU TEMPLE,
MAGUDILU, ANTHARASANTHE HOBLI,
H.D. KOTE TALUK - 571 114.
2. CHINNAMMA,
AGED 64 YEARS,
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NC: 2023:KHC:42582
RSA No. 3104 of 2007
D/O NINGANAIKA,
W/O CHIKKANNANAIKA,
RESIDING NEAR SHANIDEVARU TEMPLE,
MAGUDILU, ANTHARASANTHE HOBLI,
H.D. KOTE TALUK - 571 114.
3. JAYAMMA,
AGED 61 YEARS,
D/O NINGANAIKA,
W/O CHIKKANAIKA,
R/O. HEBBALAGUPPE,
H.D. KOTE TALUK - 571 114.
4. LAKSHMIDEVAMMA,
AGED 59 YEARS,
D/O NINGANAIKA,
W/O D. LINGANAIKA,
R/O. NO.6, K.E.B. QUARTERS,
K.E.B. COLONY,
NEAR DALITHA VIDYARTHI NILAYA,
RAJENDRANAVARA, MYSORE - 570 004.
5. SHIVANNA,
S/O NINGANAIKA,
AGED 44 YEARS,
MAGUDILU, ANTHARASANTHE HOBLI,
H.D. KOTE TALUK - 571 114.
...RESPONDENTS
( R1 TO R3 & R5 ARE SERVED & UNREPRESENTED;
V/O DATED:30/06/2017, APPEAL AGAINST R4
IS DISMISSED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DT.11.7.2007 PASSED IN
R.A.NO.154/1997 ON THE FILE OF THE CIVIL JUDGE (SR.DN)
AND JMFC, HUNSUR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DT.30.9.1995
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NC: 2023:KHC:42582
RSA No. 3104 of 2007
PASSED IN O.S.NO.108/89 ON THE FILE OF THE MUNSIFF AND
JMFC, H.D.KOTE AND ETC.,
THIS APPEAL, COMING ON FOR ARGUMENTS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Case called out.
2. None present.
3. A perusal of the order sheet dated 13.06.2017
reads as under:
"on hearing the learned counsel for the
appellants, I allow IA No.1/17 by permitting
the appellants to take out the substituted
service of notice by way of paper publication in
Kannada daily, 'Mysore Mitra', Mysore edition in
respect of the respondent No.4. The office is
directed to issue the draft public notice showing
30.06.2017 as the date of appearance of the
said respondent before this Court in these
proceedings".
4. That on 30.06.2017, this Court has passed the
following order:
"Inspite of order being passed on IA No.1/2017
granting permission to take steps for service of
notice to respondent No.4, the same is not
taken. Hence, the appeal is dismissed as
against respondent No.4 for not taking of
steps."
NC: 2023:KHC:42582
5. Despite sufficient opportunity -provided to the
appellants, the appellants are not interested in prosecuting the
case. Hence, no purpose will be served in adjourning the case.
Accordingly, the appeal is dismissed for non-
prosecution.
Sd/-
JUDGE
SSD
