Sri. Guruswamy vs Sri. D. Nagamallappa
2024 Latest Caselaw 15659 Kant

Karnataka High Court

Sri. Guruswamy vs Sri. D. Nagamallappa on 3 July, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                 -1-
                                                         NC: 2024:KHC:25753
                                                       RSA No. 1003 of 2014




                        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. 1003 OF 2014 (DEC)
                   BETWEEN:

                   1.    SRI. GURUSWAMY,
                         AGED ABOUT 55 YEARS,
                         S/O BASAPPA,

                   2.    SMT. GURUSHANTHAMMA
                         AGED ABOUT 48 YEARS,
                         W/O GURUSWAMY,

                         NOW BOTH ARE RESIDING AT
                         KODAGANAPURA VILLAGE,
                         SHIGAVADI DHAKALE,
                         BEGUR HOBLI,
                         GUNLDUPET TALUK,
                         CHAMARAJANAGAR DISTRICT - 571 111.
Digitally signed
by
NARAYANAPPA                                                   ...APPELLANTS
LAKSHMAMMA
Location: HIGH
COURT OF           (BY SMT. GURUSHANTHAMMA., ADVOCATE, FOR A2 ABSENT.)
KARNATAKA
                   (APPELLANT NO.1 IS DEAD. V/O DATED 29.08.2023 APPEAL
                   ABATES AS AGAINST APPELLANT NO.1.)

                   AND:

                   1.    SRI. D. NAGAMALLAPPA,
                         AGED ABOUT 67 YEARS,
                         S/O DODDABELLAPPA,
                             -2-
                                      NC: 2024:KHC:25753
                                    RSA No. 1003 of 2014




2.   SRI. CHANNABASAPPA,
     AGED ABOUT 72 YEARS,
     S/O DODDABELLAPPA,

3.   SMT. THAYAMMA,
     AGED ABOUT 62 YEARS,
     D/O DODDABELLAPPA,

4.   SMT. NEELAMMA,
     AGED ABOUT 60 YEARS,
     W/O SRI. SUBBANNA,

5.   SRI. CHANNABASAVADEVARU,
     AGED ABOUT 44 YEARS,
     S/O SUBBANNA,

6.   SMT. NEELAMMA,
     AGED ABOUT 42 YEARS,
     D/O SUBBANNA,

7.   SRI. SHEKARAPPA,
     AGED ABOUT 29 YEARS,
     S/O SUBBANNA,

     ALL ARE RESIDING AT
     KABBAHALLI, VILLAGE,
     BEGUR HOBLI, GUNDLUPET TALUK,
     CHAMARAJANAGAR DISTRICT - 571 111.


                                          ...RESPONDENTS
(BY SRI.R.C.NAGARAJ., ADVOCATE FOR R2 TO 7.)
(V/O DATED 29.08.2023 APPEAL ABATES AS AGAINST R1)
                             -3-
                                         NC: 2024:KHC:25753
                                      RSA No. 1003 of 2014




      THIS RSA IS FILED UNDER ORDER XLII RULE 1 AND 2
SECTION 100 F THE CODE OF CIVIL PROCEDURE, 1908
PRAYING TO CALL FOR RECORDS, SET ASIDE THE JUDMENT
AND DECREE DATED 25.04.2014 PASSED BY THE DISTRICT
JUDGE, CHAMARAJANAGAR IN R.A.NO.3/2009 AND SET ASIDE
THE JUDGMENT AND DECREE DATED 27.11.2008 PASSED BY
IN THE COURT OF THE CIVIL JUDGE (SR.DN) AND C.J.M AT
CHAMARAJANAGAR IN O.S.NO.49/2003 AND ALLOW THIS
APPEAL AND ETC.

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

                         JUDGMENT

1. Despite order dated 19.06.2024, neither appellants

present nor an arrangement is made for being

represented. It appears that the appellants are not

interested in prosecuting the matter. Hence, the

appeal is dismissed for non-prosecution.

Sd/-

JUDGE

RMS