Sri J Ramesh vs T. Jayaram
2024 Latest Caselaw 10140 Kant

Karnataka High Court

Sri J Ramesh vs T. Jayaram on 8 April, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                          NC: 2024:KHC:14464
                                                        RSA No. 2335 of 2011




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 8TH DAY OF APRIL, 2024

                                             BEFORE

                               THE HON'BLE MR JUSTICE H.P.SANDESH

                          REGULAR SECOND APPEAL NO.2335 OF 2011 (PAR)

                   BETWEEN:

                   1.   SRI J.RAMESH,
                        S/O T.JAYARAM,
                        AGED ABOUT 37 YEARS.

                   2.   SRI J. CHANDRASHEKAR,
                        S/O. T. JAYARAM,
                        AGED ABOUT 32 YEARS.

                        BOTH ARE R/AT DOOR NO.391,
                        1ST FLOOR, 13TH CROSS,
                        3RD MAIN, A-1 BLOCK
                        3RD STAGE, VINAYAKANAGAR
                        MYSORE - 570 012.
                                                                ...APPELLANTS
Digitally signed
by SHARANYA T                (BY SRI R. SATHISH, ADVOCATE [ABSENT])
Location: HIGH
COURT OF           AND:
KARNATAKA
                        T. JAYARAM,
                        S/O. THOPEGOWDA,
                        DEAD BY HIS LRS. ALREADY ON RECORD
                        APPELLANTS NO.1 AND 2 AND RESPONDENT NO.1.

                   1.   J. ANITHA,
                        W/O. MANJUNATH,
                        AGED ABOUT 35 YEARS,
                        R/AT DOOR NO.2389/2,
                        5TH CROSS, PADUVARAHALLI,
                        VINAYAKANAGAR,
                        MYSORE -570 012.
                               -2-
                                            NC: 2024:KHC:14464
                                         RSA No. 2335 of 2011




2 . THE MYSORE CO-OPERATIVE BANK LTD.
    GANDHI SQUARE, MYSORE-570 012.
    REPRESENTED BY ITS SECRETARY.
                                                ...RESPONDENTS

     (BY SRI ASHITH RAJ, ADVOCATE FOR R1 [ABSENT];
     SMT. K.K.THAYAMMA, ADVOCATE FOR R2 [ABSNET])

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 13.04.2011
PASSED IN R.A.NO.934/2010 ON THE FILE OF THE II-ADDL.
DISTRICT JUDGE, MYSORE, PARTLY ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
19.08.2010 PASSED IN O.S.NO.57/2006 ON THE FILE OF THE I-
ADDL. JUDGE, COURT OF SMALL CAUSES AND ADDL. SENIOR
CIVIL JUDGE, MYSORE.

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

                        JUDGMENT

The learned counsel for the appellant is absent. On

15.02.2019 also, the learned counsel was absent and this Court

made it clear that in case the matter is not prosecuted on the

next date of hearing, the appeal shall stand dismissed as per

law. On 19.03.2024, the learned counsel for the appellant and

the learned counsel for respondent No.1 not appeared. On

02.04.2024 also, the learned counsel for the appellant was

absent and this Court observed that it appears that both the

parties have lost interest in the appeal. However, in the ends of

justice, one more opportunity is given to the learned counsel for

the appellant and respondent No.1. If they do not appear on

NC: 2024:KHC:14464

the next date of hearing, the appeal will be dismissed for non-

prosecution.

2. Earlier, the learned counsel for respondent No.2

made the submission that already loan has been cleared and

they are also not having any claim.

3. In view of the said submission and the appellant not

pursuing the matter diligently, this second appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

MD