Sri. Shiva Kumar vs Smt. Huchamma
2024 Latest Caselaw 10593 Kant

Karnataka High Court

Sri. Shiva Kumar vs Smt. Huchamma on 18 April, 2024

Author: S.G.Pandit

Bench: S.G.Pandit

                                                -1-
                                                          NC: 2024:KHC:15342-DB
                                                             RFA No. 512 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 18TH DAY OF APRIL, 2024

                                             PRESENT
                              THE HON'BLE MR JUSTICE S.G.PANDIT
                                                AND
                            THE HON'BLE MR JUSTICE C.M. POONACHA
                         REGULAR FIRST APPEAL NO. 512 OF 2017 (PAR)
                   BETWEEN:

                   SRI. SHIVA KUMAR
                   AGED ABOUT 40 YEARS
                   S/O LATE RACE GOWDA
                   R/A NO 71, GUNDURAO NAGAR,
                   MYSURU CITY - 570001
                                                                     ...APPELLANT
                   (BY SRI. RAMAN B V., ADVOCATE (ABSENT))

                   AND:

                   1.    SMT. HUCHAMMA
                         W/O H K SHIVALINGU
                         D/O LATE KARIGOWDA @ SIDDEGOWDA,
Digitally signed         AGED ABOUT 47 YEARS
by BHARATHI              R/O HARATHALE VILLAGE, KASABA HOBLI,
S                        NANJANGUD TALUK
Location: HIGH           MYSORE DISTRICT - 571301
COURT OF
KARNATAKA
                   2.    SRI K S SIDDU
                         S/O LATE KARIGOWDA @ SIDDEGOWDA
                         AGED ABOUT 60 YEARS

                   3.    SRI KALASIDDU
                         S/O LATE KARIGOWDA @ SIDDEGOWDA
                         AGED ABOUT 56 YEARS

                         BOTH ARE R/A KEMPASIDDANAHUNDI VILLAGE,
                         CHIKKIAHNACHATRA HOBLI,
                         NANJANGUD TALUK
                                -2-
                                             NC: 2024:KHC:15342-DB
                                              RFA No. 512 of 2017




     MYSORE DISTRICT - 571301

4.   SRI B K AMARNATH
     MAJOR MANAGING DIRECTOR,
     M/S INTERTEC COMMUNICATION LTD,
     NO. 28, SHANKAR MUTT ROAD,
     BASAVANAGUDI
     BENGALURU -560004
                                                    ...RESPONDENTS

     THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RUKLE 1
OF CPC., AGAINST THE JUDGMENT AND DECREE DTD 15.11.2016
PASSED IN OS.NO.11/2011 ON THE FILE OF THE SENIOR CIVIL
JUDGE & JMFC., AT NANJANGUD, DECREEING THER SUIT FOR
PARTITION AND SEPARATE POSSESSION.

     THIS APPEAL, COMING ON FOR ORDERS,                 THIS     DAY,
S.G.PANDIT.J., DELIVERED THE FOLLOWING:

                          JUDGMENT

There is no representation for the appellant in the

morning session as well as in the afternoon at 2.55 pm.

2. On 3.1.2020 this Court ordered notice on

IA.1/2018. No steps have been taken pursuant to the said

order for issuance of notice to the respondents. The appeal

was listed on 28.5.2021, 2.7.2021, 30.7.2021 and 13.8.2021

and at the request of the appellant time was granted to take

steps for service of notice on respondents. Till this day, for the

last four years steps have not been taken for service of notice

on respondents. It appears that the appellant is not interested

NC: 2024:KHC:15342-DB

in prosecuting the appeal. Hence, the appeal stands dismissed

for non prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

ND