Kalingaiah vs Sri Rachappa
2024 Latest Caselaw 11729 Kant

Karnataka High Court

Kalingaiah vs Sri Rachappa on 28 May, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                         NC: 2024:KHC:17770
                                                        RSA No. 794 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 28TH DAY OF MAY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                    REGULAR SECOND APPEAL NO. 794 OF 2018 (DEC/INJ)

                   BETWEEN:

                   1.    KALINGAIAH
                         S/O LATE MUTHAIAH
                         AGED ABOUT 63 YEARS
                         R/AT MUTHARAYANAPURA VILLAGE
                         GANAKAL POST, BIDADI HOBLI,
                         RAMANAGARA TALUK - 562109.
                                                               ...APPELLANT

                             (BY SRI. SURESH KUMAR H.M., ADVOCATE)
                   AND:

                   1.    SRI RACHAPPA
                         S/O LATE MUTHAIAH
                         AGED ABOUT 58 YEARS
                         R/AT MUTHARAYANAPURA VILLAGE
Digitally signed
by DEVIKA M              GANAKAL POST, BIDADI HOBLI,
Location: HIGH           RAMANAGARA TALUK - 562109.
COURT OF
KARNATAKA
                   2.    SRI MUJEEB @ SHARIEF
                         AGED ABOUT 63 YEARS
                         R/AT MUTHARAYANAPURA VILLAGE
                         GANAKAL POST, BIDADI HOBLI,
                         RAMANAGARA TALUK - 562109.
                                                            ...RESPONDENTS

                        THIS RSA IS FILED UNDER SECTION 100 OF CPC,
                   AGAINST THE JUDGMENT AND DECREE DATED 11.01.2018
                   PASSED IN R.A.NO.151/2011 ON THE FILE OF THE PRINCIPAL
                   SENIOR CIVIL JUDGE AND CJM, RAMANAGARA, ALLOWING THE
                   APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
                                -2-
                                             NC: 2024:KHC:17770
                                            RSA No. 794 of 2018




DATED 08.07.2011 PASSED IN O.S.NO.110/2005 ON THE FILE
OF THE ADDITIONAL CIVIL JUDGE AND JMFC, RAMANAGARA.

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

                          JUDGMENT

When the matter was called, no representation on behalf

of the appellant. It is the appeal of the year 2018 and learned

counsel for the appellant is not pursuing the matter diligently.

On the previous date of occasion on 11.07.2023 also, when the

matter was called, there was no representation on behalf of the

appellant. Even after lapse of six years, learned counsel for the

appellant is not pursuing the matter diligently.

Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

ST