Smt. Chikkamma vs Sri. Huligowda
2024 Latest Caselaw 18427 Kant

Karnataka High Court

Smt. Chikkamma vs Sri. Huligowda on 24 July, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                        -1-
                                                    NC: 2024:KHC:29136
                                                  RSA No. 970 of 2013




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 24TH DAY OF JULY, 2024

                                     BEFORE
                   THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                  REGULAR SECOND APPEAL NO. 970 OF 2013 (INJ)
            BETWEEN:

            1.    SMT. CHIKKAMMA,
                  W/O SIDDAIAH,
                  AGED ABOUT 65 YEARS,
                  R/O GONISOMANAHALLI,
                  HALEBEEDU HOBLI,
                  BELUR TALUK, HASSAN DISTRICT - 573 201.

            2.    SRI CHANDRASHEKAR,
                  S/O SIDDAIAH,
                  AGED ABOUT 45 YEARS,
                  R/O GONISOMANAHALLI,
                  HALEBEEDU HOBLI,
                  BELUR TALUK,
                  HASSAN DISTRICT - 573 201.
Digitally
signed by
PRAKASH N   3.    SRI SHIVASHANKARA,
Location:         S/O SIDDAIAH,
HIGH
COURT OF          AGED ABOUT 43 YEARS,
KARNATAKA         R/O CHANNARAYAPATNA TOWN,
                  HASSAN DISTRICT - 573 201.
                                                            ...APPELLANTS
            (BY SRI. KEMPEGOWDA., ADVOCATE)
                                -2-
                                           NC: 2024:KHC:29136
                                       RSA No. 970 of 2013




AND:

1.   SRI. HULIGOWDA,
     S/O MALLEGOWDA,
     AGED ABOUT 50 YEARS,
     R/O ALLEGED GONISOMANAHALLI,
     HALEBEDU HOBLI,
     BELUR TALUK,
     HASSAN DISTRICT 573 201.

2.   SMT. SHESHAMMA,
     W/O VEERABHADREGOWDA,
     AGED ABOUT 60 YEARS,
     R/O GONISOMANAHALLI,
     HALEBEDU HOBLI,
     BELUR TALUK,
     HASSAN DISTRICT 573 201.
                                              ...RESPONDENTS
(RESPONDENT NO.1 SERVED AND UNREPRESENTED;
VIDE DATED 16.04.2019 NOTICE TO R2 IS HELD SUFFICIENT)


       THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT    &   DECREE   DATED      17.1.2013    PASSED   IN
R.A.NO.15/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE,
BELUR, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGEMENT AND DECREE DATED 14.08.2012 PASSED IN
OS.NO.73/2008 THE FILE OF THE CIVIL JUDGE, BELUR.

       THIS APPEAL, COMING ON FOR DISMISSAL FOR NON-
PROSECUTION,     THIS   DAY,    JUDGMENT    WAS   DELIVERED
THEREIN AS UNDER:
                                   -3-
                                               NC: 2024:KHC:29136
                                              RSA No. 970 of 2013




CORAM:    HON'BLE MR JUSTICE SURAJ GOVINDARAJ


                         ORAL JUDGMENT

1. Despite the order dated 09.07.2024, none appears

for the appellants today also.

2. A perusal of the order sheet indicates that there has

been constant non appearance on the part of learned

counsel for the appellants. It appears that the

appellants are not interested in prosecuting the

matter. The appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

TMP