Sri Dananjayappa vs Sri Kodandaramappa
2024 Latest Caselaw 14872 Kant

Karnataka High Court

Sri Dananjayappa vs Sri Kodandaramappa on 27 June, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                 -1-
                                                           NC: 2024:KHC:23788
                                                         RSA No. 1998 of 2018




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 27TH DAY OF JUNE, 2024

                                              BEFORE

                                THE HON'BLE MR JUSTICE H.P.SANDESH

                              REGULAR SECOND APPEAL NO.1998 OF 2018

                   BETWEEN:

                   1.     SRI DANANJAYAPPA,
                          S/O NARASAPPA,
                          AGED ABOUT 48 YEARS,
                          R/O BANNUR VILLAGE -577427
                          SHIKARIPURA TALUK
                          SHIVAMOGGA DISTRICT.
                                                                    ...APPELLANT

                                  (BY SRI JAYANNA G.R., ADVOCATE)
                   AND:

                   1.     SRI KODANDARAMAPPA,
                          S/O GANGAPPA,
                          AGED ABOUT 85 YEARS.
Digitally signed
by DEVIKA M        2.     SMT. GANGAMMA,
Location: HIGH            W/O KODANDARAMAPPA,
COURT OF                  AGED ABOUT 75 YEARS.
KARNATAKA
                   3.     SRI GANGAPPA,
                          S/O KODANDARAMAPPA,
                          AGED ABOUT 45 YEARS.

                   4.     SRI GIRISHA,
                          S/O KODANDARAMAPPA,
                          AGED ABOUT 43 YEARS.
                          ALL ARE R/O BANNUR VILLAGE,
                          SHIKARIPURA TALUK,
                          SHIVAMOGGA DISTRICT-577427.
                                                               ...RESPONDENTS

                        (BY SRI S.V.PRAKASH, ADVOCATE FOR R1 TO R4 [ABSENT])
                               -2-
                                           NC: 2024:KHC:23788
                                        RSA No. 1998 of 2018




     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 23.08.2018
PASSED IN R.A.NO.41/2017 ON THE FILE OF THE SR. CIVIL
JUDGE AND JMFC, SHIKARIPURA, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
24.08.2017 PASSED IN O.S.NO.30/2007 ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE AND JMFC, SHIKARIPURA.

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

                         JUDGMENT

This Court vide order dated 08.07.2022, passed an order

that finally four weeks' time is granted to file the paper book,

failing which, the appellant shall be liable to pay cost of

Rs.5,000/-. Even after two years also, paper book is not filed

and cost is also not paid.

2. Hence, the second appeal is dismissed for non-

payment of cost and non-filing of paper book.

Sd/-

JUDGE

MD