Kushappa vs Smt Basamma
2024 Latest Caselaw 14542 Kant

Karnataka High Court

Kushappa vs Smt Basamma on 25 June, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                 -1-
                                                          NC: 2024:KHC:23411
                                                       RSA No. 2098 of 2015




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF JUNE, 2024

                                              BEFORE
                        THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                   REGULAR SECOND APPEAL NO. 2098 OF 2015 (DEC/INJ)
                   BETWEEN:

                   KUSHAPPA
                   S/O HALAPPA
                   AGED ABOUT 56 YEARS
                   OCC AGRICULTURIST
                   R/O CHIRADONI VILLAGE
                   CHANNAGIRI TALUK
                   DAVANGERE DISTRICT-577467.

                                                                   ...APPELLANT
                   (BY SRI. SANTHOSH KUMAR M B.,ADVOCATE-ABSENT)

                   AND:

                   1.   SMT BASAMMA
                        W/O THIPPANNA
                        AGED ABOUT 62 YEARS
                        OCC AGRICULTURIST
Digitally signed        R/O YEREHALLI VILLAGE
by                      CHANNAGIRI TALUK
NARAYANAPPA             DAVANGERE TALUK-577467
LAKSHMAMMA
Location: HIGH
COURT OF                K VEERAPPA
KARNATAKA               S/O HALAPPA
                        SINCE DEAD BY LRS

                   2.   SHARADAMMA
                        W/O LATE VEERAPPA
                        AGED ABOUT 52 YEARS

                   3.   ANITHA
                        D/O LATE VEERAPPA
                        AGED ABOUT 26 YEARS
                              -2-
                                           NC: 2024:KHC:23411
                                         RSA No. 2098 of 2015




4.   SURESHA
     S/O LATE VEERAPPA
     AGED ABOUT 24 YEARS

     ALL ARE AGRICULTURIST
     R/O HOSADURGA TOWN
     BEHIND TALUK OFFICE
     HOSADURGA TALUK
     CHITRADURGA DIST

5.   SMT THIMMAMMA @ RUDRAMMA
     W/O SHIVAPPA
     AGED ABOUT 40 YEARS
     OCC AGRICULTURE
     R/O YEREHALLI VILLAGE KASABA HOBLI
     CHANNAGIRI TALUK
     DAVANGERE DISTRICT-577467.

                                               ...RESPONDENTS

(BY SRI. NAGALINGAPPA K., ADVOCATE FOR C/R2,R3,R4)

      THIS RSA FILED UNDER SEC.100 OF CPC., PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE
PASSED IN R.A. 7/2013 DATED 26.08.2015 PASSED IN SENIOR
CIVIL JUDGE AND JMFC AT CHANNAGIRI, AND JUDGMENT AND
DECREE IN O.S.NO.163/2006 DATED 09.11.2012 PASSED BY THE
PRL. CIVIL JUDGE AND JMFC AT CHANNAGIRI AND DECREE THE SUIT
IN THE INTEREST OF JUSTICE AND EQUITY.


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


                        JUDGMENT

None appears for the appellant though called twice in

the morning session and once in the afternoon session. It

NC: 2024:KHC:23411

appears that the appellant is not interested in prosecuting

the matter. The appeal is dismissed for non-prosecution.

Sd/-

JUDGE

PRS