Sri. G Parthasarathy vs Sri. Jayapaul
2024 Latest Caselaw 12807 Kant

Karnataka High Court

Sri. G Parthasarathy vs Sri. Jayapaul on 7 June, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                            -1-
                                                       NC: 2024:KHC:19885
                                                      RSA No. 399 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 7TH DAY OF JUNE, 2024

                                          BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO.399 OF 2018 (DEC)

                   BETWEEN:

                   1.    SRI. G PARTHASARATHY
                         S/O LATE GOPAL
                         AGED 52 YEARS

                   2.    SRI G CHANDRU
                         S/O LATE GOPAL
                         AGED 48 YEARS

                         BOTH ARE R/A #62/A, MISSION BLOCK
                         MARIKUPPAM POST
                         K G F-563122
                                                             ...APPELLANTS
Digitally signed
by DEVIKA M        (COURT NOTICE ON A1 AND A2 IS SERVED,
Location: HIGH     UNREPRESENTED)
COURT OF
KARNATAKA          AND:

                   SRI. JAYAPAUL
                   S/O LATE MANUEL
                   AGED 76 YEARS
                   C/O DHANRAJ
                   VEGETABLE VENDOR
                   #12-C, MARIKUPPAM POST
                   K G F-563122
                                                          ...RESPONDENT
                                 -2-
                                                  NC: 2024:KHC:19885
                                              RSA No. 399 of 2018




    THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 14.12.2017 PASSED IN
RA NO.25/2017 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND PRL. JMFC, KGF AND ETC.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                          ORDER

Notice issued against appellant No.1 is served

personally and notice issued against appellant No.2 is

served on his elder brother on 20.03.2023, but till date,

they have not taken any steps to appear before the Court

personally or engaged the counsel to pursue the matter

diligently. On perusal of the postal cover, it discloses that

the respondent is also no more and no steps are taken to

bring the legal representatives of the deceased sole

respondent. Hence, the conduct of the appellants

discloses that they are interested in prosecuting the

matter diligently. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

SN