Sri Srinivas @ Seena vs Sri Munikrishnappa @ Krishnappa
2024 Latest Caselaw 19333 Kant

Karnataka High Court

Sri Srinivas @ Seena vs Sri Munikrishnappa @ Krishnappa on 1 August, 2024

                                                -1-
                                                           NC: 2024:KHC:30696
                                                          RSA No. 129 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 1ST DAY OF AUGUST, 2024

                                            BEFORE

                           THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

                         REGULAR SECOND APPEAL NO.129 OF 2017 (INJ)

                   BETWEEN:

                   1.    SRI SRINIVAS @ SEENA
                         S/O. THIMMARAYAPA,
                         AGED ABOUT 38 YEARS,

                   2.    SRI TIMMARAYAPPA
                         S/O. AKKACHAPPA,
                         AGED ABOUT 68 YEARS,

                         BOTH ARE RESIDING AT
                         CHEEDACHIKKANAHALLI VILLAGE,
                         NANDI HOBLI,
                         CHICKBALLAPUR TALUK - 562 101.        ... APPELLANTS

                   (BY SRI GOVINDARAJ K. JOISA, ADVOCATE (ABSENT))
Digitally signed
by SHYAMALA        AND:
Location: HIGH
COURT OF           1.    SRI MUNIKRISHNAPPA @ KRISHNAPPA
KARNATAKA                S/O. LATE KEMPANNA,
                         AGED ABOUT 60 YEARS,

                   2.    SRI NANJAPPA
                         S/O. LATE BYRAPPA,
                         AGED ABOUT 69 YEARS,

                   3.    SRI C.K. BYRE GOWDA
                         S/O. MUNIKRISHNAPPA
                         AGED ABOUT 41 YEARS,
                              -2-
                                              NC: 2024:KHC:30696
                                            RSA No. 129 of 2017




4.   SRI DEVARAJU
     S/O. MUNIKRISHNAPPA,
     AGED ABOUT 38 YEARS,

5.   SRI RAMACHANDRA
     S/O. MUNIKRISHNAPPA,
     AGED ABOUT 34 YEARS,

6.   SRI BYRE GOWDA
     S/O. NANJAPPA @ GUDDI BYRA
     MAJOR

7.   SRI K. BYATARAYAPPA
     S/O. LATE KEMPANNA
     AGED ABOUT 48 YEARS,

8.   SRI DYAVANNA
     S/O. K. BYATARAYAPPA,
     AGED ABOUT 31 YEARS,

     ALL ARE RESIDING AT
     CHEEDACHIKKANAHALLI VILLAGE,
     NANDI HOBLI,
     CHICKBALLAPUR TALUK 562101.               ... RESPONDENTS


      THIS RSA IS FILED UNDER SECTION             100 OF CPC.,
AGAINST   THE     JUDGMENT   &     DECREE     DATED   11.08.2016
PASSED IN R.A.NO.136/2014 ON THE FILE OF THE ADDL.
SENIOR    CIVIL    JUDGE     AND     JMFC.,     CHICKBALLAPUR,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 26.06.2014 PASSED IN O.S.NO.902/2008
ON THE FILE OF THE ADDL. CIVIL JUDGE & JMFC AT
CHIKKABALLAPUR.


      THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                              -3-
                                          NC: 2024:KHC:30696
                                         RSA No. 129 of 2017




CORAM:     HON'BLE MRS JUSTICE K.S. HEMALEKHA

                        ORAL JUDGMENT

This Court, on 20.11.2019, adjourned the matter on

the submission made by appellants' counsel that, he has

done the needful. On 04.08.2023, learned counsel for the

appellants submitted that he will pay the deficit Court fee of

Rs.40/- and also furnish the copies of I.A.No.1/2017 to issue

notice to the respondents during the course of the day.

2. Appellants have not complied with the order

dated 04.08.2023. Neither the process fee of Rs.40/- has

been paid nor copies of I.A.No.1/2018 are furnished as

submitted by the appellants' counsel,. This clearly depicts

that the appellants are not interested in prosecuting the

matter.

3. In view of the above, this Court has no other

option than to dismiss the appeal for non-prosecution.

Accordingly, the appeal is dismissed for non-prosecution.

Sd/-

(K.S. HEMALEKHA) JUDGE List No.: 1 Sl No.: 26/S*