Smt. Venkatamma vs Sri. Govindegowda
2023 Latest Caselaw 6357 Kant

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                                                           NC: 2023:KHC:32359
                                                         RSA No. 1150 of 2016
                                                      C/W RSA No. 808 of 2015




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 7TH DAY OF SEPTEMBER, 2023

                                           BEFORE

                           THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                   REGULAR SECOND APPEAL NO. 1150 OF 2016 (INJ)
                                            C/W
                       REGULAR SECOND APPEAL NO. 808 OF 2015


                   IN RSA No.1150 OF 2016

                   BETWEEN:

                   SMT. VENKATAMMA
                   D/O NATHE GOWDA,
                   AGED ABOUT 45 YEARS,
                   R/AT GIJAGADASANADODDI,
                   VIRUPAKSHPURA HOBLI
                   CHANNAPATNA TALUK
                   RAMANAGARA DISTRICT - 581 453
Digitally signed                                                  ...APPELLANT
by SUNITHA
GANGARAJU          (BY SMT. KUSUMA V, ADVOCATE)
Location: High
Court of           AND:
Karnataka
                   SRI. GOVINDEGOWDA
                   S/O THIPPEGOWDA,
                   AGED ABOUT 60 YEARS,
                   R/AT GIJAGADASANADODDI,
                   VIRUPAKSHPURA HOBLI,
                   CHANNAPATNA TALUK
                   RAMANAGARA DISTRICT - 581 453
                                                               ...RESPONDENT
                   (BY SRI. S RAJU, ADVOCATE)
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                                       NC: 2023:KHC:32359
                                     RSA No. 1150 of 2016
                                  C/W RSA No. 808 of 2015



     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 17.01.2015 PASSED IN
RA NO.12/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., CHANNAPATTANA, RAMANAGAR DISTRICT,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 28.11.2012 PASSED IN OS NO.69/2005
ON THE FILE OF THE CIVIL JUDGE AND JMFC., CHANNAPATNA.


IN RSA No.808 OF 2015

BETWEEN:

SMT. VENKATAMMA
D/O NATHE GOWDA
AGED ABOUT 45 YEARS
R/AT GIJAGADASANADODDI
VIRUPAKSHPURA HOBLI
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 571 501
                                             ...APPELLANT
(BY SMT. VENKATAMMA - SD)

AND:

SRI. GOVINDEGOWDA
S/O THIPPEGOWDA
AGED ABOUT 60 YEARS
R/AT GIJAGADASANADODDI
VIRUPAKSHPURA HOBLI
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 571 501
                                           ...RESPONDENT

     THIS RSA IS FILED U/O 42 RULE 1 R/W SEC.100 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED
17.01.2015 PASSED IN R.A NO.11/2013 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC., CHANNAPATTANA,
RAMANAGAR DISTRICT, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 28.11.2012
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                                           NC: 2023:KHC:32359
                                      RSA No. 1150 of 2016
                                   C/W RSA No. 808 of 2015



PASSED IN O.S NO.37/2005 ON THE FILE OF THE CIVIL JUDGE
AND JMFC., CHANNAPATNA.

     THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

In RSA No.1150/2016, on 31.08.2023 the matter

was listed. Case called twice and none appears for the

appellant. A week's time was granted, failing which the

appeal shall be listed for dismissal. It was made clear that,

in case the appellant fails to appear on the next date of

hearing, appropriate orders will be passed. Even today,

case called twice. None appears for the appellant. As the

appeal is of the year 2015, it appears that the appellant is

not interested in prosecuting the appeal. Accordingly, the

appeal is dismissed for non prosecution.

2. In RSA No.808/2015: Though the appeal was

filed through an advocate on 30.04.2015, the matter was

listed on 02.12.2022. It was reported that learned counsel

appearing for the appellant is no more. This Court issued a

Court notice to the appellant. The Court notice served on

NC: 2023:KHC:32359 RSA No. 1150 of 2016 C/W RSA No. 808 of 2015

the appellant, inspite of service of notice, none appears for

the appellant. The matter is of the year 2015, it appears

that the appellant is not interested in prosecuting the

appeal. Accordingly, the appeal is dismissed for non-

prosecution.

In view of the disposal of the appeals, pending I.As,

if any, do not survive for consideration and are accordingly

disposed of.

Sd/-

JUDGE

SKS