Smt. Manjulamma vs Smt. Subadramma
2024 Latest Caselaw 639 Kant

Karnataka High Court

Smt. Manjulamma vs Smt. Subadramma on 8 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                   -1-
                                                                 NC: 2024:KHC:787
                                                           RSA No. 179 of 2011




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 8TH DAY OF JANUARY, 2024

                                                  BEFORE

                             THE HON'BLE MR. JUSTICE H.P.SANDESH

                    REGULAR SECOND APPEAL No.179 OF 2011 (DEC/INJ)

                   BETWEEN:

                   1.    SMT. MANJULAMMA,
                         WIFE OF K. H. NATARAJ,
                         AGED ABOUT 43 YEARS,

                   2.    SRI K. H. NATARAJ,
                         SON OF SRI HONNE GOWDA,
                         AGED ABOUT 48 YEARS,

                         BOTH RESIDING AT KEMBALU,
                         BAGUR HOBLI,
                         CHANNARAYAPATNA TALUK,
                         HASSAN DISTRICT-573117.
                                                                     ...APPELLANTS
                   (BY SRI KO. VIJAYAKUMAR, ADVOCATE - Absent.
                   Vide order dated 23.05.2022
                   appeal is dismissed against Appellant No.2)
Digitally signed
by SHARANYA T
                   AND:
Location: HIGH
COURT OF
KARNATAKA          1.    SMT. SUBADRAMMA,
                         WIFE OF SRI SIDDE GOWDA,
                         AGED ABOUT 58 YEARS,

                   2.    SRI SATHISHA,
                         SON OF SRI SIDDE GOWDA,
                         AGED ABOUT 35 YEARS,

                   3.    SRI ANDANI GOWDA,
                         SON OF SRI SIDDE GOWDA,
                         AGED ABOUT 33 YEARS,
                               -2-
                                               NC: 2024:KHC:787
                                           RSA No. 179 of 2011




    ALL RESIDING AT KEMBALU,
    BAGUR HOBLI,
    CHANNARAYAPATNA TALUK-573117.
                                                 ...RESPONDENTS
(BY MISS AISHWARYA HEGDE, ADVOCATE FOR
SRI GURURAJ R., ADVOCATE FOR R1 TO R3)


     THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 18.10.2010 PASSED IN R.A.No.1/2007 ON THE FILE OF THE
PRESIDING OFFICER, FAST TRACK COURT, CHANNARAYAPATNA,
CONFIRMING THE JUDGMENT AND DECREE DATED 29.11.2006
PASSED IN O.S.No.102/2002 ON THE FILE OF THE CIVIL JUDGE,
SENIOR DIVISION, CHANNARAYAPATNA AND DECREE THE SUIT AS
PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY.

      THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for the appellants is absent. On the

previous occasion also, appellants' counsel did not appear even

when the matter was called twice. This Court taking note of

non-appearance of appellants' counsel made it clear that the

matter is of the year 2011 and in the ends of justice, granted

one more opportunity to the appellants' counsel. It was also

made it clear that, if the counsel for the appellants does not

appear on the next date of hearing, the appeal will be

dismissed for non-prosecution. In spite of the matter being

more than a decade old, appellants' counsel is not pursuing the

matter diligently. Even on the previous occasion, there was no

NC: 2024:KHC:787

representation on behalf of the appellants and there is no

reason to keep the matter pending for the appearance of

appellants' counsel. Hence, in view of the previous order,

appeal is dismissed for non-prosecution.

Sd/-

JUDGE

MV