Sri. Shivalingappa vs Sri. Shivaswamy
2024 Latest Caselaw 15041 Kant

Karnataka High Court

Sri. Shivalingappa vs Sri. Shivaswamy on 28 June, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                          NC: 2024:KHC:24549
                                                       RSA No. 2553 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 28TH DAY OF JUNE, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 2553 OF 2018 (DEC)

                   BETWEEN:

                   1.    SRI SHIVALINGAPPA
                         AGED ABOUT 58 YEARS
                         S/O MEHANTHADEVARU
                         MEDANI VILLAGE,
                         TALKAD HOBLI,
                         T. NARASIPURA TALUK,
                         MYSORE DISTRICT-571 124.
                                                                 ...APPELLANT

                                      (BY SRI ANAND K., AND
                               SRI LOKESH R., ADVOCATES [ABSENT])
                   AND:

                   1.    SRI SHIVASWAMY
Digitally signed
by DEVIKA M              AGED ABOUT 60 YEARS,
Location: HIGH
COURT OF           2.    SRI NANJUNDASWAMY
KARNATAKA
                         AGED ABOUT 56 YEARS

                         BOTH ARE SONS OF
                         LATE GIRIJAMMA MAHANTHADEVARU
                         AND ARE RESIDING AT MEDANI VILLAGE,
                         TALKAD HOBLI, T.NARASIPURA TALUK
                         MSYORE DISTRICT-571124.
                                                               ...RESPONDENTS

                          (BY SRI RUDRAIAH M., ADVOCATE FOR R1 AND R2)
                                        -2-
                                                     NC: 2024:KHC:24549
                                                   RSA No. 2553 of 2018




     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 31.07.2018
PASSED IN R.A.NO.09/2016 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, T.NARASIPURA, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 09.02.2016 PASSED IN O.S.NO.131/2011 ON THE FILE
OF THE CIVIL JUDGE AND JMFC, T.NARASIPURA.

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


                                  JUDGMENT

The learned counsel for the appellant is absent. The

learned counsel for the respondents is present.

2. In the previous occasion, at the request of the

appellant's counsel, this Court granted two weeks. The

learned counsel for the respondent was present in the

earlier occasion and today also he is present before the

Court. Though this matter is of the year 2018 and

appellant's counsel is not pursuing the matter diligently.

Hence, the second appeal is dismissed for non-

prosecution.

Sd/-

JUDGE RHS