Sri Sukasappa vs Sri Narayanappa
2024 Latest Caselaw 15669 Kant

Karnataka High Court

Sri Sukasappa vs Sri Narayanappa on 3 July, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                -1-
                                                           NC: 2024:KHC:25754
                                                          RSA No. 443 of 2013




                        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. 443 OF 2013 (DEC/INJ)
                   BETWEEN:

                         SRI. SUKASAPPA,
                         S/O LATE MUNIVENKATAPPA,
                         AGED ABOUT 81 YEARS,
                         R/AT KOLATURU VILLAGE,
                         KASABA HOBLI, HOSAKOTE TALUK,
                         BANGALORE RURUAL DISTRICT - 562 114.


                                                                 ...APPELLANT
                   (BY SRI. H. V. MANJUNATH., ADVOCATE)

                   AND:

                   1.    SRI. NARAYANAPPA,
Digitally signed         S/O LATE MEENAJAPPA,
by                       AGED ABOUT 65 YEARS,
NARAYANAPPA
LAKSHMAMMA
Location: HIGH     2.    SRI. VENKATASHAMAPPA,
COURT OF                 S/O LATE MEENAJAPPA,
KARNATAKA
                         AGED ABOUT 55 YEARS,

                         RESPONDENT NOS.1 AND 2 ARE R/AT
                         KOLATHURU VILLAGE,
                         KASABA HOBLI, HOSAKOTE TALUK,
                         BANGALORE RURAL DISTRICT - 562 114.
                           -2-
                                      NC: 2024:KHC:25754
                                     RSA No. 443 of 2013




3.   SRI. BYRAPPA,
     S/O LATE VENKATASWAMAPPA,
     AGED ABOUT 71 YEARS,

4.   SRI. K. H. ANJANAPPA,
     S/O LATE CHIKKAHANUMANTHARAYAPPA,
     AGED ABOUT 60 YEARS,
     RESPONDENT NOS.3 AND 4 ARE
     R/AT KOLATHURU VILLAGE,
     KASABA HOBLI, HOSKOTE TALUK,
     BANGALORE RURAL DISTRICT - 562 114.


                                           ...RESPONDENTS

(BY SRI.M.MADHUVACHAR & K.B.MAHADEVAIAH.,ADVOCATE
FOR R2,

R1 AND 4 SERVED AND UNRERPESENTED. VIDE ORDER DATED
24.01.2024 SERVICE TO R3 HELD SUFFICIENT. )


      THIS RSA IS FILED UNDER SECTION 100 OF THE CODE
OF CIVIL PROCEDURE PRAYING TO CALL FOR RECORDS FROM
THE COURT BELOW AND ALLOW THE APPEAL AND SET ASIDE
THE JUDGMENT AND DECREE IN R.A.NO.132/2008 DATED
28.01.2013 PASED BY THE HON'BLE SESSIONS JUDGE FAST
TRACT COURT - II, BANGALORE RURAL DISTRICT, BANGALORE
AND THE JUDGMENT AND DECREE IN O.S.NO.149/2002 DATED
16.10.2008 PASSED BY THE HON'BLE CIVIL JUDGE (JR.DVN)
AT HOSKOTE AND ALLOW THE APPEAL AS PRAYED FOR IN THE
PLIANT, IN THE INTEREST OF JUSTICE AND EQUITY.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                   -3-
                                                 NC: 2024:KHC:25754
                                                RSA No. 443 of 2013




                              JUDGMENT

1. The sole appellant has expired about six months

back. The learned counsel for the appellant submits

that despite of his best efforts, he has not been able

to contact the legal representatives or secure

instructions. In that view of the matter, no purpose

would be served by continuing with the matter and

as such the above appeal is dismissed as abated.

2. In the event of the legal representatives approaching

this Court by filing necessary application, the same

would be considered on merits.

Sd/-

JUDGE

RMS