Karnataka High Court
Smt. Kamala vs Smt Sowbhagya on 5 August, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:31041
MSA No. 7 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL NO. 7 OF 2016 (RO)
BETWEEN:
SMT. KAMALA,
W/O. B.J. NARAYANA,
D/O. LATE N. KRISHNAPPA,
AGED ABOUT 48 YEARS,
RESIDING AT GOSEGOWDA STREER,
SRIRANGAPATNA,
MANDYA DISTRICT-571 415.
...APPELLANT
(BY SRI. J.N. NAVEEN, ADVOCATE (ABSENT))
AND:
1. SMT. SOWBHAGYA
W/O LATE K SWAMY,
Digitally AGED ABOUT 56 YEARS.
signed by
MALATESH 2.
KC SUNIL KUMAR
Location: S/O LATE K. SWAMY
HIGH AGED ABOUT 36 YEARS
COURT OF
KARNATAKA
3. KAVITHA
D/O LATE K SWAMY
AGED ABOUT 31 YEARS
RESPONDENTS 1 TO 3 ARE
RESIDING AT
C/O B.M. NAGARAJU,
-2-
NC: 2024:KHC:31041
MSA No. 7 of 2016
DOOR NO. 2565/B MAIN,
REMCO COLONY, VIJAYANAGAR,
BANGALORE - 560 040
4. SMT. SUNANDA
W/O SRINIVASA,
D/O LATE N. KRISHNAPPA
RESIDING AT
OPPOSITE TO GOWRI CLINIC,
BASAVANAGUDI BLOCK,
NANJANGUD,
MYSORE DISTRICT - 571 312
5. SMT. PREMA
W/O SAMBAIAH
D/O LATE N. KRISHNAPPA
AGED ABOUT 57 YEARS,
EX- MUNICIPAL COUNSIL,
RESIDING AT 13TH CROSS,
B.V. PANDITH ROAD,
TALUK SOCIETY ROAD,
NANJANGUD,
MYSORE DISTRICT - 571 312
6. N.K. MAHESHA
S/O LATE N. KRISHNAPPA,
AGD ABOUT 57 YEARS,
RESIDING AT KANAJADA BEEDI,
NANJANGUD,
MYSORE DISTRICT - 571 312
7. SMT. VIJAYALAKSHMI
W/O N.K. MAHESHA,
AGED ABOUT 51 YEARS,
RESIDING AT KANAJADA BEEDI,
-3-
NC: 2024:KHC:31041
MSA No. 7 of 2016
NANJANAGUD,
MYSORE DISTRICT - 571 312.
8. SMT. DEVAMMA
S/O LATE SUNDARA
AGED ABOUT 51 YEARS
9. SMT. POORNIMA
D/O LATE SUNDARA
AGED ABOUT 34 YEARS
10. KRISHNAKUMAR
S/O LATE SUNDARA
AGED ABOUT 32 YEARS
RESPONDENTS 8 TO 10 ARE
RESIDING AT NO. 958,
NEXT TO GARADIMANE,
1ST CROSS, CHAMALAPURA,
NANJANAGUD,
MYSORE DISTRICT -571 312
11. SMT. JAYALAKSHMI
W/O H.M. NINGEGOWDA
AGED ABOUT 55 YEARS
D/O LATE N. KRISHNAPPA
RESIDING AT
T.M. HOSOORU VILLAGE,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MYSORE DISTRICT - 571 415
12. PRASANNA KUMARA
S/O LATE N. KRISHNAPPA,
AGED ABOUT 46 YEARS
RESIDING AT NO.958,
-4-
NC: 2024:KHC:31041
MSA No. 7 of 2016
NEXT TO GARADIMANE,
1ST CROSS, CHAMALAPURA,
NANJANGUD,
MYSORE DISTRICT - 571 312
...RESPONDENTS
(BY SRI. MUNIYAPPA, ADVOCATE FOR R1, R3 TO R8,
R10 AND R12;
R2 AND R11 ARE SERVED AND UNREPRESENTED)
THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED
31.03.2015 PASSED IN R.A NO.41/2010 ON THE FILE OF THE
C/C II ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU,
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 16.01.2009 PASSED IN OS NO.11/2007
ON THE FILE OF THE CIVIL JUDGE (SR DN) AND JMFC.,
NANJANGUD. REMANDING THE MATTER TO THE TRIAL COURT
TO DISPOSE THE MATTER AFRESH AS PER LAW AS
EXPEDITIOUSLY AS POSSIBLE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
None appears on behalf of the appellant. Even on the last
date of hearing, there was no representation on behalf of the
appellant.
NC: 2024:KHC:31041
2. It appears that the appellant is not interested in
prosecuting the appeal. Hence, the appeal is dismissed for
non-prosecution.
Sd/-
(V SRISHANANDA)
JUDGE
PN
