Karnataka High Court
D S Lingamurthy vs Smt Gangambika on 7 September, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:32473
RSA No. 205 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 205 OF 2018 (PAR)
BETWEEN:
1. D.S. LINGAMURTHY
S/O LATE SIDDEGOWDA @ SIDDALPPA
AGED ABOUT 43 YEARS,
R/A DODDA KURUBARAHALLI VILALGE,
JYOTHI NAGAR POST
CHIKKAMAGALURU-577101.
...APPELLANT
(BY SRI SHIVASHANKAR S.K., ADVOCATE)
AND:
1. SMT. GANGAMBIKA
W/O CHANNABASAVAIAH
AGED ABOUT 53 YEARS,
Digitally signed NOW R/AT MAYAGONDANAHALLI
by SHARANYA T HALEBEEDU HOBLI, BELUR TALUK,
Location: HIGH
COURT OF HASSAN DISTRICT.
KARNATAKA
OLD ADDRESS: R/AT JAYALAKSHMI
ELECTRICALS, BASAVANAHALLI MAIN ROAD,
CHIKKAMAGALUR-577101.
2. D.S. VIRUPAKSHAPPA
S/O LATE SIDDEGOWDA
AGED ABOUT 58 YEARS,
NOW R/AT VARAPETE
SAKHARAYAPATTANA
KADUR TALUK.
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NC: 2023:KHC:32473
RSA No. 205 of 2018
OLD ADDRESS:
R/AT DODDKARATARAHATTI VILLAGE,
JYOTHINAGAR, CHIKKAMAGALURU-577101.
3. SMT. PANKAJA W/O SHIVAKUMAR
AGED ABOUT 51 YEARS,
R/AT VARAPETE
SAKHARAYAPATTANA
KADUR TALUK-577101.
4. D.S. NANJEGOWDA
S/O LATE SIDDEGOWDA @ SIDDAPPA
AGED ABOUT 46 YEARS,
5. D.S. JAYANNA
S/O LATE SIDDEGOWA @ SIDDAPPA
AGED ABOUT 43 YEARS,
RESPONDENT NOS.4 AND 5 ARE
R/AT DODDAKURUBARAHALLI VILLAGE,
JYOTHINAGAR POST,
CHIKKAMAGALURU-577101.
6. B.A. BALAKRISHNA
S/O LATE C.B. ANNAPPA,
AGED ABOUT 55 YEARS,
R/AT YAJI COMPOUND, BELT ROAD,
CHIKKAMAGALURU-577101.
7. MADEGOWDA S/O THIMMEGOWDA,
AGED ABOUT 67 YEARS,
R/AT BILEKALLU
JYOTHINAGAR POST
CHIKKAMAGALURU TALUK-577101.
...RESPONDENTS
(BY SRI I.J.SHASHIKUMAR., ADVOCATE FOR R6;
SRI P.V.KALPANA., ADVOCATE FOR R1;
R3 AND R4 ARE SERVED;
R5 HELD SUFFICIENT, VIDE ORDER DATED 02.03.2021;
R2 STANDS DISMISSED, VIDE ORDER DATED 16.03.2023)
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NC: 2023:KHC:32473
RSA No. 205 of 2018
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT AND DECREE DTD 07.09.2017 PASSED IN R.A.NO.
42/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, CHIKKAMAGALURU, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD
07.07.2015 PASSED IN OS.NO.37/2013 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE CHIKKAMAGAURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant is absent today also. Even
though this Court vide order dated 28.08.2023 made it clear
that if the counsel for appellants does not appear in the next
date of hearing, the appeal will be dismissed, since this is
appeal of the year 2018 and suit is filed for the relief of
partition, the Trial Court has granted 1/6th share and the same
was confirmed by the First Appellate Court. In spite of sufficient
opportunity is given to the counsel for appellants, the counsel
is not pursuing the matter deligently.
2. Hence, in view of the earlier order dated
28.08.2023, the appeal is dismissed for non prosecution.
Sd/-
JUDGE
RHS
