Jayamma vs The Panchayath Development
2024 Latest Caselaw 15646 Kant

Karnataka High Court

Jayamma vs The Panchayath Development on 3 July, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                -1-
                                                              NC: 2024:KHC:25101
                                                              RSA No. 58 of 2015




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 3RD DAY OF JULY, 2024

                                             BEFORE
                        THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                        REGULAR SECOND APPEAL NO. 58 OF 2015 (INJ)
                   BETWEEN:

                   JAYAMMA
                   W/O LATE KARIYAPPA
                   AGED ABOUT 55 YEARS,
                   R/AT KANAKANAGARA,
                   BEHIND GASGODOWN,
                   K I A D B ROAD,
                   NANJANAGUDU TALUK
                   MYSORE DISTRICT-571313

                                                                     ...APPELLANT
                   (BY SRI. MANJUNATH N D.,ADVOCATE-ABSENT)

                   AND:

                   1.    THE PANCHAYATH DEVELOPMENT OFFICE,
                         DEBUR VILLAGE, PANCHAYATH,
                         NANJANAGUDU TALUK,
Digitally signed         MYSORE DISTRICT-571313
by
NARAYANAPPA
LAKSHMAMMA         2.    THE SECRETARY
Location: HIGH           DEBUR VILLAGE PANCHAYATH,
COURT OF                 NANJANGUDU TALUK
KARNATAKA                MYSORE DISTRICT 571313

                                                                  ...RESPONDENTS
                   (BY SRI. B J SOMAYAJI.,ADVOCATE FOR R1 & R2)

                         THIS RSA FILED U/S. 100 OF CPC., PRAYING TO SET ASIDE
                   THE JUDGMENT AND DECREE DATED 07.11.2014 PASSED BY THE
                   SENIOR CIVIL JUDGE AND JMFC AT NANJANAGUDU IN
                   R.A.NO.43/2013 AND JUDGMENT AND DECREE PASSED BY THE
                   ADDL.   CIVIL   JUDGE    AND   JMFC    AT  NANJANAGUDU   IN
                   O.S.NO.496/2010 DATED 30.10.2012, THEREBY DECREE THE SUIT
                   OF THE PLAINTIFF, IN THE INTEREST OF JUSTICE AND EQUITY.
                             -2-
                                         NC: 2024:KHC:25101
                                         RSA No. 58 of 2015




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

                         JUDGMENT

1. None appears for the appellant though called thrice,

twice in the morning session and once in the

afternoon session.

2. Sri.B.J.Somayaji, learned counsel for respondents

No.1 and 2 submits that he has not been served with

the copy of the appeal memo and annexures thereof.

3. In that view of the matter, it appears that the

appellant is not interested in prosecuting the matter.

The appeal is dismissed for non-prosecution.

Sd/-

JUDGE

PRS