Karnataka High Court
Mr. Nanjundappa vs Mr. S C Manjappa on 3 July, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC:25098
RSA No. 1465 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. 1465 OF 2015 (PAR)
BETWEEN:
MR. NANJUNDAPPA
S/O LATE CHANDRASHEKARAPPA
AGED ABOUT 50 YEARS
RESIDING AT ARAHATHOLALU VILLAGE & OST
BHADRAVATHI TALUK-577301
...APPELLANT
(BY SRI. VAMSHI KRISHNA C.,ADVOCATE-ABSENT)
AND:
1. MR. S C MANJAPPA
S/O LATE CHANDRASHEKARAPPA
AGED ABOUT 48 YEARS
RESIDING AT ARAHATHOLALU VILLAGE & POST
BHADRAVATHI TALUK-577301
Digitally signed 2. MRS GOWRAMMA
by W/O LATE BASAVARAJAPPA
NARAYANAPPA D/O LATE CHANDRASHEKARAPPA
LAKSHMAMMA AGED ABOUT 65 YEARS
Location: HIGH BALEKOPPA VILLAGE & POST
COURT OF
KARNATAKA KUMSI HOBLI
SHIVAMOGGA-577423
3. MRS RATHNAMMA
W/O LATE SHIVAPPA
D/O LATE CHANDRASHEKARAPPA
RESIDING AT KURKI VILLAGE & POST,
DAVANAGERE-577001
...RESPONDENTS
(BY SMT. TRUPTHI S., ADVOCATE FOR
SRI. PRASHANTH P N., ADVOCATE FOR R1 & R3;
-2-
NC: 2024:KHC:25098
RSA No. 1465 of 2015
SRI. B.K. CHANDRASHEKAR.,ADVOCATE FOR R2)
THIS RSA FILED UNDER SEC.100 R/W ORDER XLII RULE 1 OF
CPC, 1908., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 30.06.2015 IN REGULAR APPEAL NO.22 OF 2013
(ANNEXURE-A) PASSED BY THE IV ADDITIONAL DISTRICT &
SESSIONS JUDGE, SHIVOMOGGA, SITTING AT BHADRAVATHI AND
SET ASIDE THE JUDGMENT AND DECREE DATED 29.09.2012 IN
O.S.NO.17/2003 (ANNEXURE-B) PASSED BY THE ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC AT BHADRAVATHI AND DISMISS
THE SUIT IN O.S.NO.178/2003 IN THE INTEREST OF EQUITY AND
JUSTICE.
THIS RSA, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. The appellant is before this Court seeking for the
following reliefs:
"Set aside the Judgment and Decree dated
30.06.2015 in R.A.No.22/2013 (Annexure-A)
passed by the IV Additional District & Sessions
Judge, Shivamogga, sitting at Bhadravathi and set
aside the judgment and decree dated 29.9.2012 in
O.S.No.178/2003 (Annexure-B) passed by the
Additional Senior Civil Judge and JMFC at
Bhadravathi and dismiss the suit in
O.S.No.178/2003 in the interest of equity and
justice."
2. None has been appearing for the appellant.
3. The learned counsel for the respondents No.1 and 3
has filed a memo enclosing the final order and the
order passed on Commissioner Report in FDP
NC: 2024:KHC:25098
No.2/2013 which has been disposed of on
26.02.2016 subsequent to filing of the above appeal.
4. A perusal of the same would indicate that the decree
under challenge has been given effect to and as
such, I am of the considered opinion that nothing
survives in the above matter. The above appeal is
dismissed for non-prosecution.
Sd/-
JUDGE
PRS
