Sri Basavaraju A vs Shri Javare Gowda
2024 Latest Caselaw 18792 Kant

Karnataka High Court

Sri Basavaraju A vs Shri Javare Gowda on 26 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                   NC: 2024:KHC:30010
                                                 RSA No. 264 of 2009




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 26TH DAY OF JULY, 2024

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                    REGULAR SECOND APPEAL NO. 264 OF 2009
            BETWEEN:

            1.    SRI. BASAVARAJU A.,
                  S/O SRI. ANNAIAH,
                  AGED ABOUT 40 YEARS,
                  R/O D.NO 51, E.W.S. HOUSING BOARD COLONY,
                  HOLENARASIPURA,
                  HASSAN DISTRICT.

            2.    SHRI. SATHYANARAYANA
                  S/O SRI. ANNAIAH
                  AGED ABOUT 43 YEARS,
                  R/O NAGALAPURA VILLAGE,
                  HOLENARASIPURA TALUK,
                  HASSAN DISTRICT.
Digitally                                               ...APPELLANTS
signed by
MALATESH    (BY SRI. BASAVARAJU AND OTHERS (ABSENT);
KC
                V/O DATED 27.02.2017, SERVICE OF NOTICE TO
Location:
HIGH            A1 AND A2 HELD SUFFICIENT)
COURT OF
KARNATAKA   AND:

            1.    SHRI. JAVARE GOWDA
                  S/O LATE MALLE GOWDA,
                  AGED ABOUT 50 YEARS,
                  PEDDANAHALLI,
                  S. ANKANAHALLI POST,
                  HOLENARASIPURA TALUK,
                  HASSAN DISTRICT.
                            -2-
                                         NC: 2024:KHC:30010
                                    RSA No. 264 of 2009




2.   SHRI. RAMESHA
     S/O LATE MALLE GOWDA,
     PEDDANAHALLI VILLAGE,
     S. ANKANAHALLI POST,
     HOLENARASIPURA TALUK,
     HASSAN DISTRICT.

3.   SHRI. NANJUNDA
     S/O LATE SRI. SANNE GOWDA,
     AGED ABOUT 55 YEARS,
     R/O GULLADAPURA VILLAGE,
     S. ANKANAHALLI POST,
     HOLENARASIPURA TALUK,
     HASSAN DISTRICT

4.   SRI. E. KRISHNE GOWDA
     S/O SRI. ANNEGOWDA
     AGED ABOUT 45 YEARS,
     R/O BHADRAVATHI.
     D.T.O. TELEGRAM OFFICE,
     BHADRAVATHI,
     SHIMOGA DISTRICT
                                            ...RESPONDENTS



      THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED 6.12.2008              PASSED IN
R.A.NO.67/2001 ON THE FILE OF THE CIVIL JUDGE (SR.DN.),
HOLENARASIPURA,     DISMISSING       THE     APPEAL    AND
CONFIRMING         THE JUDGEMENT AND DECREE DATED
13.8.1999    PASSED IN OS.NO. 154/1997      ON THE FILE OF
THE CIVIL JUDGE (JR.DN.), HOLENARASIPURA.
                               -3-
                                            NC: 2024:KHC:30010
                                          RSA No. 264 of 2009




      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL JUDGMENT

This Court vide order dated 04-09-2015 issued Court

notice to appellants. Court notice to appellant Nos.1 and 2 held

sufficient and there afterwards they remained absent before

this Court. Till today there is no progress in the case and

rwegarding the application filed earlier to bring the legal

representatives of deceased respondent No.4, office raised

objection and the same is not cured. Left with no alternative,

appeal is dismissed for non-prosecution.

Sd/-

(V SRISHANANDA) JUDGE

LDC