S M Raju vs G L Dinesh
2024 Latest Caselaw 15177 Kant

Karnataka High Court

S M Raju vs G L Dinesh on 1 July, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                            NC: 2024:KHC:24395
                                                           RSA No. 377 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 1ST DAY OF JULY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 377 OF 2020 (PAR)

                   BETWEEN:

                   1.    S.M.RAJU
                         AGED ABOUT 61 YEARS,
                         S/O LATE MALLAPPA,
                         RESIDENT OF SHATIGRAMA VILLAGE,
                         HASSAN TALUK,
                         HASSAN DISTRICT-573220.
                                                                  ...APPELLANT

                         (BY SRI. BASAVEGOWDA D.J., ADVOCATE [ABSENT])

                   AND:

                   1.    G.L.DINESH
                         AGED ABOUT 50 YEARS,
Digitally signed         S/O LATE G.N.LAKSHMAN,
by DEVIKA M              RESIDING AT FLAT NO.M-3,
Location: HIGH           "SWAMY KRUPA",
COURT OF                 NEW BANNIMANTAP EXTENSION,
KARNATAKA
                         SAYYAKI RAO ROAD,
                         MYSORE-570001.

                   2.    SHANTAMMA
                         AGED ABOUT 54 YEARS,
                         W/O LATE LAKKANAYAKA @ INDRAKUMAR

                   3.    MAYADEVI
                         AGED ABOUT 42 YEARS,
                         D/O LATE LAKKANAYAKA @ INDRAKUMAR
                               -2-
                                            NC: 2024:KHC:24395
                                          RSA No. 377 of 2020




4.   NANDISHA
     AGED ABOUT 39 YEARS,
     S/O LATE LAKKANAYAKA @ INDRAKUMAR

5.   MOHAN
     AGED ABOUT 36 YEARS,
     S/O LATE LAKKANAYAKA @ INDRAKUMAR

     RESPONDENTS NO.2 TO 5 ARE
     ALL RESIDENT OF SHANTIGRAMA VILLAGE,
     HASSAN TALUK-573220.
                                        ...RESPONDENTS

     (BY SRI. RANGARAMU V., ADVOCATE FOR R1 [ABSENT])

      THIS RSA IS FILED UNDER SECTION 100 R/W RULE 1 OF
ORDER XLII OF CPC, 1908 AGAINST THE JUDGMENT AND
DECREE DATED 18.11.2019 PASSED IN R.A.NO.10/2017 ON
THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS
JUDGE HASSAN, DISMISSING THE APPEAL AND CONFIRMING
THE ORDER DATED 24.10.2016 PASSED IN EX.CASE
NO.289/2009 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, HASSAN.

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

                         JUDGMENT

This appeal is of the year 2020 and learned counsel for

the appellant sought time on 19.09.2023 on the ground of ill-

health and this Court ordered to list the matter on 05.10.2023.

On 05.10.2023, learned counsel again sought time on the

ground that he is suffering from throat infection and this Court

granted time and ordered to list the matter in the third week of

November, 2023 and matter was again listed on 20.02.2024

NC: 2024:KHC:24395

and none appeared for parties. The order sheet discloses that

learned counsel for the appellant is not diligent in pursuing the

matter, though the appeal is filed on 16.01.2020 and inspite of

several opportunities, not pursuing the matter diligently and it

appears that the learned counsel for the appellant is not

interested in prosecuting the appeal.

Accordingly, the regular second appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

ST