Nagendrappa vs Nagappa
2024 Latest Caselaw 1200 Kant

Karnataka High Court

Nagendrappa vs Nagappa on 12 January, 2024

                                              -1-
                                                        RSA No. 672 of 2008
                                                           NC: 2024:KHC:1776




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 12TH DAY OF JANUARY, 2024

                                            BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                    REGULAR SECOND APPEAL NO. 672 OF 2008 (RES)
                   BETWEEN:

                   1.   NAGENDRAPPA
                        S/O MUDHAPPA
                        AGED ABOUT 53 YEARS

                   2.   KARI NAGAPPA
                        S/O MUDHAPPA
                        AGED ABOUT 49 YEARS

                   3.   KARIYANNA
                        S/O MUDHAPPA
                        AGED ABOUT 47 YEARS

                        THE APPELLANT NOS.1 TO 3 ARE
                        ALL RESIDENTS OF MELEKOTE,
                        SIRA TALUK, TUMKUR DISTRICT - 572 101
                                                             ...APPELLANTS
Digitally signed   (BY SRI. V N MADHAVA REDDY, ADVOCATE - ABSENT)
by REKHA R
Location: High     AND:
Court of
Karnataka
                        NAGAPPA
                        S/O KARINAGAPPA
                        SINCE DEAD BY LRS
                        KRISHNAPPA,
                   1.
                        AGED ABOUT 62 YEARS

                   2.   NAGENDRAPPA
                        AGED ABOUT 66 YEARS

                   3.   KARENAGAPPA
                        AGED ABOUT 57 YEARS
                            -2-
                                     RSA No. 672 of 2008
                                         NC: 2024:KHC:1776




4.   MUDDANNA
     AGED ABOUT 56 YEARS

5.   CHIKKANNA
     AGED ABOUT 55 YEARS
6.   N CHITTAIAH
     AGED ABOUT 53 YEARS

     RESPONDENT NOS.1 TO 6 ARE ALL
     CHILDREN OF LATE NAGAPPA
     RESIDENTS OF GUJJARAHALLI,
     GOLLANAKUNTE, MAJRE, NIDAGAL HOBLI
     PAVAGADA TALUK, TUMKUR DISTRICT - 572 101

7.   CHIKKANNA
     S/O KARINAGAPPA
     AGED ABOUT 82 YEARS
     RESIDENTS OF GUJJARAHALLI
     GOLLANAKUNTE MAJRE
     NIDAGAL HOBLI, PAVAGADA TALUK
     TUMKUR DISTRICT - 572 101

8.   MUDHAPPA
     S/O KARINAGAPPA
     AGED ABOUT 86 YEARS
     RESIDENTS OF MELEKOTE, SIRA TALUK
     TUMKUR DISTRICT - 572 101
                                        ...RESPONDENTS
(BY SRI. S N RAMAPRASAD, ADVOCATE FOR R1 TO R6;
    R-7 IS SERVED;
    VIDE ORDER DATED 06.07.2009, APPELLANTS ARE
    TREATED AS LRS OF R8)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED
BY THE CIVIL JUDGE (SR.DN.) AND JMFC, MADHUGIRI IN
R.A.NO.98/1991 DATED 09.11.2007 AND CONFIRM THE
JUDGMENT PASSED BY THE MUNSIFF AND JMFC, PAVAGADA IN
O.S.NO.198/1987 DATED 11.01.1991, BY ALLOWING THE
ABOVE APPEAL AND GRANT SUCH OTHER RELIEF/S DEEM FIT
UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST
OF JUSTICE AND EQUITY.
                             -3-
                                         RSA No. 672 of 2008
                                           NC: 2024:KHC:1776




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

                        JUDGMENT

No representation for appellants.

Learned counsel for respondent present.

This is the matter of the year 2008. On 04.01.2024,

a conditional order was passed to the effect that if the

learned counsel for appellants fails to address arguments,

the appeal would be dismissed for non prosecution.

Despite the said order, learned counsel for appellants

have not come forward to address arguments. It appears

appellants are not interested in prosecuting the appeal.

Hence, regular second appeal is dismissed for non-

prosecution.

Sd/-

JUDGE RR