Sri K M Eshwarappa vs Sri Kariyappa
2024 Latest Caselaw 203 Kant

Karnataka High Court

Sri K M Eshwarappa vs Sri Kariyappa on 3 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                  -1-
                                                            NC: 2024:KHC:248
                                                        RSA No. 3429 of 2006




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 3RD DAY OF JANUARY, 2024

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 3429 OF 2006 (RES)

                   BETWEEN:

                         SRI K.M. ESHWARAPPA
                         SINCE DEAD BY HIS LRS.

                   1.    SMT.DEVAMMA
                         W/O. LATE K.M.ESHWARAPPA
                         AGED ABOUT 72 YEARS
                         R/O. CHANDRAHASA NILAYA
                         BEHIND I.B. NEHRU NAGAR
                         ANAVATTI POST, ANNAVATTI
                         SORABA TALUK
                         SHIVAMOGGA-577 413.

                   2.    K.E.KRISHNAPPA
                         S/O. LATE K.M. ESHWARAPPA
                         AGED ABOUT 47 YEARS
Digitally signed         ASSISTANT DRIVER
by SHARANYA T
Location: HIGH           R/O. H.NO.20/2, 2ND COLONY
COURT OF                 AMBIKA NAGAR
KARNATAKA                AMBIKANAGAR POST
                         DANDELI TALUK.
                         UTTARA KANNADA-577 412.

                   3.    K.E. PARASHURAMA
                         S/O. LATE K.M.ESHWARAPPA
                         AGED ABOUT 45 YEARS
                         R/O. CHANDRAHASA NILAYA
                         BEHIND I.B. NEHRU NAGAR
                         ANAVATTI POST, ANNAVATTI
                         SORABA TALUK
                         SHIVAMOGGA-577 413.
                                -2-
                                               NC: 2024:KHC:248
                                          RSA No. 3429 of 2006




4.   K.E. KALLESH
     S/O. LATE K.M. ESHWARAPPA
     AGED ABOUT 41 YEARS
     BEHIND GAJIBIJI GUDDAPPA'S HOUSE
     CHELUVADIYARA STREET
     NEHRU NAGAR
     ANAVATTI POST, ANNAVATTI
     SORABA TALUK
     SHIVAMOGGA-577 413.
                                                   ...APPELLANTS

               (BY SRI K. SREEDHAR, ADVOCATE)

AND:

1.   SRI KARIYAPPA
     S/O. HONNAPPA
     KUNCHTEGARE
     MAJOR
     R/O. KUBATOOR VILLAGE
     ANAVATTI HOBLI
     SORABA TALUK
     SHIVAMOGGA-577 413.
                                                  ...RESPONDENT

               (BY SRI S.V.PRAKASH, ADVOCATE)

     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED 30.9.2006 PASSED IN
R.A.NO.363/2004 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT-II, SHIVAMOGGA, ALLOWING         THE
APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE
DATED 23.12.1995 PASSED IN OS.NO.103/1989 ON THE FILE
OF THE MUNSIFF & JMFC, SORABA.

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

                           JUDGMENT

Learned counsel for the appellants is absent.

NC: 2024:KHC:248

2. This matter was listed on 14.09.2023 and on that

day also, learned counsel for the appellants was absent. This

Court has noted that matter was called out in the pre-lunch

session, there was no representation on behalf of the

appellants and learned counsel for the respondent was present.

It is also noted that again, the matter was called at 3.27 p.m.,

even then also, no representation on behalf of the appellants.

However, in order to give one more opportunity, ordered to list

the matter on 21.09.2023. When the matter was listed on

21.09.2023, the matter was not reached and learned counsel

for the appellants is not pursuing the matter diligently. Hence,

there are no grounds to adjourn the matter once again.

Accordingly, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

ST