Rajashekaraiah vs Sri Kotraiah
2024 Latest Caselaw 4510 Kant

Karnataka High Court

Rajashekaraiah vs Sri Kotraiah on 14 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                              -1-
                                                         NC: 2024:KHC:6329
                                                      RFA No. 1496 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 14TH DAY OF FEBRUARY, 2024

                                             BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                           REGULAR FIRST APPEAL NO. 1496 OF 2023
                   BETWEEN:

                   RAJASHEKARAIAH
                   S/O GADIGAIAH
                   AGED ABOUT 78 YEARS
                   R/O ARATALE GADDE VILLAGE
                   JADE HOBLI, SORABA TALUK
                   SHIMOGA DISTRICT
                                                              ...APPELLANT
                   (BY SRI. G F HUNASIKATTIMATH.,ADVOCATE [ ABSENT])

                   AND:

                   1.    SRI KOTRAIAH
                         S/O GADIGAIAH
                         AGED ABOUT 45 YEARS
                         R/O ARATALE GADDE VILLAGE
Digitally signed         JADE HOBLI, SORABA TALUK
by HEMALATHA
A                        SHIMOGA DISTRICT.
Location: High
Court of           2.    SMT SULOCHANAMMA @ NEELAMA
Karnataka
                         W/O HONDADA ERAIAH
                         SINCE DEAD BY LRS

                   2(a) SRI HUCHESHWARA
                        S/O HONDADA ERAIAH
                        SINCE DEAD BY LRS

                   2(b) SRI NADEESHWARA
                       S/O HONDADA ERAIAH.
                       AGED ABOUT 45 YEARS
                       R/O SAMANAVALI VILLAGE
                            -2-
                                         NC: 2024:KHC:6329
                                     RFA No. 1496 of 2023




     ANAVATTI HOBLI, SORABA TALUK
     SHIMOGA DISTRICT.

3.   SRI UMESHASWAMY
     S/O KOTTARAYYA
     AGED ABOUT 44 YEARS
     SHIMOGA DISTRICT
     PRESENTLY RESIDENT OF
     SHREEDHARANAGARA, BEHIND APMC
     3RD CROSS, SHIMOGA DISTRICT
                                          ...RESPONDENTS
     THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 26.08.2022 PASSED IN
FDP.No. 4/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC SORABA, ALLOWING THE PETITION FILED UNDER
SEC. 54 OF CPC.

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

                       JUDGMENT

When the matter was posted on 12.02.2024, inspite

of granting opportunity for three times to comply with the

office objections, office objections are not complied with

and none appears for the appellant. Hence, the matter

was ordered to be listed to today under the caption 'for

dismissal'.

2. Even today, none appeared for the appellant in

both the sessions and the office objections are not

NC: 2024:KHC:6329

complied with. It appears that the appellant is not

interested in prosecuting the appeal.

3. Appeal is dismissed for non-prosecution.

Sd/-

JUDGE

CM