G M Shankar Narayana Setty vs Vasavamba @ Shantha
2023 Latest Caselaw 7072 Kant

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                                                          NC: 2023:KHC:36448
                                                        RSA No. 2087 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 6TH DAY OF OCTOBER, 2023

                                            BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                        REGULAR SECOND APPEAL NO. 2087 OF 2021 (PAR)
                   BETWEEN:

                   1.    G.M. SHANKAR NARAYANA SETTY
                         S/O. KOLLA MUNIRAMAIAH SETTY
                         AGED ABOUT 68 YEARS
                         R/AT NEW A.D. COLONY
                         NEAR SUGAR FACTORY
                         M. N. HALLI ROAD
                         MULBAGAL TOWN
                         KOLAR DISTRICT.
                                                                ...APPELLANT

                                 (BY SMT. UMA ARYA, ADVOCATE)
                   AND:

                   1.    VASAVAMBA @ SHANTHA
                         D/O. KOLLA MUNIRAMAIAH SETTY
                         W/O. SRINIVASA
Digitally signed         AGED ABOUT 62 YEARS
by SHARANYA T            R/AT NO 146/A/40
Location: HIGH
COURT OF                 1ST CROSS, 12TH MAIN
KARNATAKA                NAGENDRA BLOCK
                         SRINAGAR
                         BANGALORE-560 050.

                         SHARADAMBA
                         SINCE DEAD BY HER LRS

                   2.    K. SUNDAR RAJA SETTY
                         S/O. KRISHNAIAH SETTY
                         AGED ABOUT 65 YEARS
                         R/AT NO 225/23-1
                         3RD MAIN ROAD
                         BYRAPPA BLOCK
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                                            NC: 2023:KHC:36448
                                         RSA No. 2087 of 2021




     THYAGARAJA NAGAR
     BANGALORE-560 048.

3.   BHAVYA
     D/O. KRISHNAIAH SETTY
     W/O. R. MANJUNATH
     AGED ABOUT 38 YEARS
     R/AT NO.10, 3RD MAIN ROAD
     4TH CROSS, KRISHNA NAGAR
     J.P. NAGAR, 8TH PHASE
     KOTHANUR MAIN ROAD
     BANGALORE-560 078.

4.   DIVYA
     D/O. SUNDAR RAJA SETTY
     W/O. BHIMARAJU
     AGED ABOUT 30 YEARS
     R/AT NO.3, 2ND FLOOR
     BVK IYENGAR ROAD
     BENGALURU-560 053.
                                       ...RESPONDENTS
     (BY SRI NAVEEN NAMDAR, ADVOCATE FOR R1 TO R4)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 28.07.2021
PASSED IN RA.No.36/2017 ON THE FILE OF THE I ADDITIONAL
DISTRICT JUDGE, KOLAR,    DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 24.01.2017
PASSED IN OS.No.299/2013 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR,
(ITINERATING AT MULBAGAL) TRIAL COURT PARTLY DECREED
THE SUIT. APPELLATE COURT DISMISSED THE APPEAL SUIT
FOR PARTITION.

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

                            ORDER

Appellant's counsel is absent. In the previous date also

this Court taken note of the appellant's counsel is not pursuing

NC: 2023:KHC:36448 RSA No. 2087 of 2021

the matter diligently, one more opportunity was given and also

while giving an opportunity made it clear that, if appellant's

counsel does not appear on the next date of hearing, appeal

will be dismissed.

Inspite of the earlier order, there is no representation on

behalf of the appellant and not pursue the matter diligently.

Hence, appeal is dismissed for non prosecution.

Sd/-

JUDGE

AP List No.: 1 Sl No.:89