K Venkatachalapathi Setty Dead By Lrs vs K Radhakrishnaiah Setty S/O Late ...
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Karnataka High Court

K Venkatachalapathi Setty Dead By Lrs vs K Radhakrishnaiah Setty S/O Late ... on 28 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                     NC: 2024:KHC:24571
                                                    RSA No. 401 of 2011




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 28TH DAY OF JUNE, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
               REGULAR SECOND APPEAL NO. 401 OF 2011 (DEC/INJ)
              BETWEEN:

                    K VENKATACHALAPATHI SETTY
                    DEAD BY LRS

              1.    SMT SUSHEELAMMA
                    W/O K VENKATACHALAPATHI
                    AGED ABOUT 84 YEARS

              2.    K VENKATARATHNAM
                    S/O K VENKATACHALAPATHI SETTY
                    AGED ABOUT 62 YEARS

              3.    VENKATESH BABU
                    S/O K VENKATACHALAPATHI SETTY
                    AGED ABOUT 48 YEARS

                    ALL ARE RESIDING AT NO 37,
Digitally           FOURTH CROSS, 12TH MAIN,
signed by R         VITTALNAGAR,
MANJUNATHA
Location:
                    CHAMARAJPET
HIGH COURT          BANGALORE 560018
OF
KARNATAKA                                              ...APPELLANTS
              (BY SRI L NARASIMHA MURTHY, ADVOCATE -ABSENT;
              VIDE ORDER DATED 31.05.2022, APPELLANT NO.2 AND 3 ARE
              LEGAL REPRESENTATIVES OF DECEASED APPELLANT NO.1;
              VIDE ORDER DATED 12.10.2022, A2 IS DEAD;
              SRI V VIJAYA SHEKARA GOWDA AND
              SRI A S VENKAT KUMAR, ADVOCATES FOR A3)
                                 -2-
                                            NC: 2024:KHC:24571
                                          RSA No. 401 of 2011




AND:

K RADHAKRISHNAIAH SETTY
S/O LATE ABBAIAH SETTY
AGED ABOUT 71 YEARS
RESIDING AT NO.163/D/32,
KANAKAPURA ROAD
TATA SILK FARM,
BASAVANAGUDI
BANGALORE 560 004
                                                ...RESPONDENT
(BY SRI R ANIL KUMAR AND
SRI H T VASANTH KUMAR, ADVOCATES)


     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 21.10.2010 PASSED IN
R.A.NO.218/2007 ON THE FILE OF THE II ADDL. CIVIL JUDGE
(SR.DN) KOLAR, PARTLY ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 26.7.2007 PASSED
IN O.S.NO.348/1995 ON THE FILE OF THE ADDL. CIVIL JUDGE
(JR.DN) MALUR.

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

                              ORDER

Case called out. None present on behalf of the

appellants. Even in the last date of hearing, there was no

representation on behalf of the appellants. Appeal is of the

year 2011, yet to be admitted.

Perused the records. Appeal is filed by defendants who

suffered the decree in O.S.348/1995, whereby judgment and

NC: 2024:KHC:24571

decree passed in O.S.No.284/1992, dated 31.03.1995 was held

null and void and not binding on the plaintiff.

Accordingly, appeal is dismissed for non prosecution.

Sd/-

JUDGE

MR