R Henjarappa vs K H Somashekar Reddy
2024 Latest Caselaw 4491 Kant

Karnataka High Court

R Henjarappa vs K H Somashekar Reddy on 14 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                  -1-
                                                             NC: 2024:KHC:6328
                                                          MFA No. 9020 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 14TH DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 9020 OF 2019 (CPC)

                   BETWEEN:

                   1.    R. HENJARAPPA
                         S/O RANGANNA,
                         AGED ABOUT 59 YEARS
                         PRESENTLY R/AT NO.460,
                         12TH MAIN, 5TH PHASE,
                         J.P.NAGAR,
                         BENGALURU-560 078.
                                                                  ...APPELLANT

                              (BY SRI. MALLANAGOUDA H., ADVOCATE)
                   AND:

                   1.    K.H. SOMASHEKAR REDDY
                         S/O LATE HANUMANTHA REDDY,
Digitally signed         AGED ABOUT 80 YEARS,
by SHARANYA T
Location: HIGH     2.    SHOBHA REDDY
COURT OF                 W/O K.H.SOMASHEKHAR REDDY,
KARNATAKA
                         AGED ABOUT 70 YEARS,

                         BOTH ARE RESIDING AT
                         KBH ROAD, HIREBIDANUR VILLAGE,
                         SOUTH KASABA HOBLI,
                         GOWRIBIDANUR TALUK-561208.

                   3.    K.S.NAGARAJ
                         S/O SUBBARAYAPA,
                         AGED ABOUT 58 YEARS,
                         PROFESSOR IN PHYSICS
                         VIVEKANANDA DEGREE COLLEGE,
                         MALLESWARAM WEST,
                              -2-
                                           NC: 2024:KHC:6328
                                       MFA No. 9020 of 2019




    BANGLAORE-560055.
                                             ...RESPONDENTS

         (BY SRI. MUKESH K.V., ADVOCATE FOR R1 & R2;
             SRI SURENDRA G., ADVOCATE FOR R3)

     THIS MFA IS FILED U/O 43 RULE 1(d) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 06.11.2019 PASSED ON
MISC.NO.14/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, GOWRIBIDANUR, DISMISSING THE PETITION FOR
NON PROSECUTION.

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

                         JUDGMENT

Learned counsel for the appellant has not taken steps

against the deceased - appellant even though this court

passed an order on 07.09.2021 and 21.12.2021. On last

occasion also, learned counsel sought for time on the

ground that he has no instructions and he has to verify if

appellant is dead and to report. Inspite of it, steps are not

taken.

Accordingly, the appeal is dismissed as abated.

Sd/-

JUDGE SS