Sri P B Hemachandra vs Dr Kamath B N N
2024 Latest Caselaw 5902 Kant

Karnataka High Court

Sri P B Hemachandra vs Dr Kamath B N N on 27 February, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                         -1-
                                                     NC: 2024:KHC:8113
                                                   RSA No. 957 of 2016




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 27TH DAY OF FEBRUARY, 2024

                                        BEFORE
                 THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                 REGULAR SECOND APPEAL NO. 957 OF 2016 (DEC)
            BETWEEN:
            1.    SRI P.B.HEMACHANDRA
                  S/O.BASAVALINGAIAH
                  AGED ABOUT 55 YEARS
                  R/AT SRI CHAMUNDESHWARI NILAYA
                  SUBHASH NAGAR EXTENSION
                  ARASIKERE TOWN
                  HASSAN DISTRICT- 573 201

            2.    SMT.NEELAMMA
                  W/O.P.B.HEMACHANDRA
                  AGED ABOUT 49 YEARS
                  R/AT SRI CHAMUNDESHWARI NILAYA
                  SUBHASH NAGAR EXTENSION
                  ARASIKERE TOWN
                  HASSAN DISTRICT-573 201
                                                        ... APPELLANTS
            (BY SRI PRAMOD K., ADVOCATE (ABSENT))
Digitally
signed by B AND:
LAVANYA
               DR.KAMATH B.N.N.
Location:      S/O.KAMATH B.N.A.
HIGH           AGED ABOUT 60 YEARS
COURT OF
KARNATAKA      R/AT NO.2704, 3RD CROSS
                  GANDHINAGAR
                  MANDYA CITY-571 401
                                                        ...RESPONDENT
            (BY SRI C.SHANKAR REDDY, ADVOCATE)

                 THIS REGULAR SECOND APPEAL IS FILED UNDER
            SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT
                                 -2-
                                                 NC: 2024:KHC:8113
                                              RSA No. 957 of 2016




AND DECREE DATED 15.03.2016 PASSED IN R.A.NO.68/2012
BY V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN
AND ALSO THE JUDGMENT AND DECREE DATED 28.03.2012
PASSED IN O.S.NO.43/2004 BY THE SENIOR CIVIL JUDGE AND
JMFC, ARASIKERE AND ETC.

     THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                           JUDGMENT

There is no representation on behalf of the

appellants.

2. Sri C.Shankar Reddy, learned counsel for

respondent is present before the Court.

3. On the previous date of hearing i.e. on 20.02.2024

also, there was no representation on behalf of the

appellants. On 02.02.2024 also, there was no

representation on behalf of the appellants. However,

learned counsel for respondent was present and the

matter was posted to 20.02.2024 by providing one more

opportunity to the learned counsel for appellants to

address his arguments. Today also, when the matter is

called-out at 4.10 p.m., again, there is no representation

on behalf of the appellants.

NC: 2024:KHC:8113

4. This matter was admitted as long back on

14.06.2016. Thereafter, on 27.06.2023, the matter came

to be dismissed for non-prosecution. Despite the said

order being recalled and the matter being restored to file

at the instance of the appellants, it appears that the

appellants are not interested in prosecuting the matter

further.

In view of the above, left with no other option, this

appeal is dismissed for non-prosecution.

In view of dismissal of the appeal, pending

interlocutory application does not survive for consideration

and the same pales into insignificance.

Sd/-

JUDGE

LB