K. Madhava Rao vs Smt G M Shanthakumari
2024 Latest Caselaw 9448 Kant

Karnataka High Court

K. Madhava Rao vs Smt G M Shanthakumari on 1 April, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                        NC: 2024:KHC:13151
                                                       RSA No. 694 of 2009




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF APRIL, 2024

                                          BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         REGULAR SECOND APPEAL NO.694 OF 2009 (DEC)

                   BETWEEN:

                   1.    K MADHAVA RAO
                         SINCE DECEASED BY LRS

                         SMT. H N NAGAMMA
                         W/O LATE K.MADHAVARAO
                         AGED ABOUT 49 YEARS
                         R/O THATHIPALYA
                         MULBAGAL TOWN
                         KOLAR DIST.-563131

                   2.    SRI M VINODKUMAR
Digitally signed         S/O MADHAVA RAO
by SHARANYA T            AGED ABOUT 29 YEARS
Location: HIGH           R/O THATHIPALYA
COURT OF
KARNATAKA                MULBAGAL TOWN
                         KOLAR DIST.-563131

                   3.    NAVEEN KUMAR
                         S/O MADHAVA RAO
                         AGED ABOUT 22 YEARS
                         R/O THATHIPALYA
                         MULBAGAL TOWN
                         KOLAR DIST.-563131
                           -2-
                                    NC: 2024:KHC:13151
                                   RSA No. 694 of 2009




4.   SMT. JAYALAKSHMI
     D/O LATE MADHAVA RAO
     W/O PRASANNA KUMAR
     AGED ABOUT 31 YEARS
     R/O THATHIPALYA
     MULBAGAL TOWN
     KOLAR DIST.-563131
                                        ...APPELLANTS

(V/O DT.23.09.2021, COURT NOTICE ISSUED TO
 A1 TO A4 ARE SERVED, [ABSENT]
AND:

SMT G M SHANTHAKUMARI
MAJOR
W/O MOHAN SETTY
C/O K A SHANKARAIAH SETTY
K R STREET, MULABAGAL TOWN
KOLAR DIST.-563131
                                       ...RESPONDENT

(BY SRI VARUN PAPIREDDY, ADVOCATE [ABSENT])


       THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE

JUDGEMENT & DECREE DATED02.02.2009 PASSED IN

R.A.NO.153/2006 ON THE FILE OF THE III ADDL. CIVIL

JUDGE,(SR. DN.), KOLAR, ITINERATING AT MULBAGAL

AND ETC.


       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
                             -3-
                                         NC: 2024:KHC:13151
                                       RSA No. 694 of 2009




                    JUDGMENT

This Court had issued a Court Notice against the

appellants when the counsel on record for the appellants

was died. Inspite of service of Court notice, the appellants

have not appeared before the Court and not engaged any

counsel on their behalf. Hence, it appears that the

appellants are not pursuing the matter diligently. The

Court notice was issued in the year 2021 and till date,

either the appellants have not appeared before the Court

or engaged any counsel. On the last date of hearing, the

matter was adjourned on cost. But, the question of

payment of cost does not arise since the appellants are

not pursuing the matter diligently inspite of service of

Court notice. Hence, this appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

SN