Karnataka High Court
Mohammad Hussian Saheb vs Laxmana Gowda on 4 January, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:457
RSA No. 774 of 2011
C/W RSA No. 775 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 774 OF 2011
C/W
REGULAR SECOND APPEAL NO. 775 OF 2011 (INJ)
IN REGULAR SECOND APPEAL NO. 774 OF 2011:
BETWEEN:
1. MOHAMMAD HUSSIAN SAHEB
S/O BAPUSAB
AGED ABOUT 71 YEARS,
R/O ITTIGE, B.KAABOOR VILLAGE,
BALEHONNUR P.O., N.R.PURA TALUK,
CHICKMAGALUR DISTRICT
BY HIS GPA HOLDER, MUKTHAR AHAMMAD
S/O MOHAMMAD HUSSAIN SAHEB,
AGED ABOUT 50 YEARS
R/O ITTIGE, B.KAABOOR VILLAGE,
Digitally signed
by SHARANYA T BALEHONNUR P.O. N.R.PURA TALUK,
Location: HIGH CHICKMAGALUR DISTRICT-577101.
COURT OF
KARNATAKA ...APPELLANT
(APPELLANT REPRESENTED BY HIS GPA HOLDER IS ABSENT)
AND:
1. LAXMANA GOWDA
S/O LATE PATEL LINGAPPA GOWDA
AGED ABOUT 68 YEARS
R/O HOIGERE, HOIGERE P.O,
CHICKMAGALUR TALUK & DISTRICT-577101
...RESPONDENT
(BY SRI. BRIJESH PATIL, ADVOCATE)
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RSA No. 774 of 2011
C/W RSA No. 775 of 2011
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 21.4.2010 PASSED IN
R.A.NO.49/2005 ON THE FILE OF THE SENIOR CIVIL JUDGE &
PRL. JMFC, TARIKERE, ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 20.07.2005
PASSED IN O.S.NO.44/1997 ON THE FILE OF THE CIVIL JUDGE
(JR.DN) & JMFC., N.R.PURA.
IN REGULAR SECOND APPEAL NO. 775 OF 2011:
BETWEEN:
1. MOHAMMAD HUSSIAN SAHEB
S/O BAPUSAB
AGED ABOUT 71 YEARS,
R/O ITTIGE, B.KAABOOR VILLAGE,
BALEHONNUR P.O., N.R.PURA TALUK,
CHICKMAGALUR DISTRICT
BY HIS GPA HOLDER, MUKTHAR AHAMMAD
S/O MOHAMMAD HUSSAIN SAHEB,
AGED ABOUT 50 YEARS
R/O. ITTIGE, B. KAABOOR VILLAGE,
BALEHONNUR P.O. N.R.PURA TALUK,
CHICKMAGALUR DISTRICT-577101.
...APPELLANT
(APPELLANT BY HIS GPA HOLDER IS ABSENT)
AND:
1. LAXMANA GOWDA
S/O LATE PATEL LINGAPPA GOWDA
AGED ABOUT 68 YEARS
R/O HOIGERE, HOIGERE P.O,
CHICKMAGALUR TALUK & DISTRICT-577101
...RESPONDENT
(BY SRI. BRIJESH PATIL, ADVOCATE)
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NC: 2024:KHC:457
RSA No. 774 of 2011
C/W RSA No. 775 of 2011
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 21.04.2010 PASSED IN
R.A.NO.42/2005 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND PRL. JMFC, TARIKERE, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 20.07.2005
PASSED IN O.S.NO.59/1997 ON THE FILE OF THE CIVIL JUDGE
(JR.DN) AND JMFC, N.R.PURA.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These two appeals are filed in the year 2011.
Subsequently, the learned counsel on record was passed
away. Hence, this Court has issued the notice to the
appellant who represented through power of attorney
holder and the same was served to the appellant/GPA
holder in the year 2019 itself. Thereafter, the matter was
listed before the Court on 14.09.2023, this Court has
made an observation that Court notice was served to the
appellant, but no representation by the appellant.
However, one more opportunity was given to the
appellant. Even inspite of matter listed on 21.09.2023, the
appellant neither engaged the counsel nor appeared
before the Court. Hence, it is clear that inspite of service
NC: 2024:KHC:457
of notice, the appellant did not proceed with the matter
diligently and the appellant has not shown the interest.
Hence, both the appeals are dismissed for non-
prosecution.
Sd/-
JUDGE
RHS
