Javaregowda vs Basavegowda
2024 Latest Caselaw 11751 Kant

Karnataka High Court

Javaregowda vs Basavegowda on 28 May, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                 -1-
                                                            NC: 2024:KHC:17952
                                                          RSA No. 1440 of 2013




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 28TH DAY OF MAY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                    REGULAR SECOND APPEAL NO. 1440 OF 2013 (INJ)
                   BETWEEN:

                   1.     JAVAREGOWDA
                          S/O LATE PATEL LINGEGOWDA
                          SINCE DECEASED REPRESENTED BY
                          HIS LEGAL REPRESENTATIVES

                   1(A)   PUTTAMMA
                          W/O LATE JAVAREGOWDA
                          AGED ABOUT 66 YEARS

                   1(B)   MANJULA
                          D/O LATE JAVAREGOWDA
                          AGED ABOUT 50 YEARS

                   1(C)   SAROJA
                          D/O LATE JAVAREGOWDA
                          AGED ABOUT 48 YEARS

                   1(D) KUMARA
                        S/O LATE JAVAREGOWDA
Digitally signed
by SHWETHA              AGED ABOUT 46 YEARS
RAGHAVENDRA
Location: High     1(E)   ANUSUYA
Court of                  D/O LATE JAVAREGOWDA
Karnataka
                          AGED ABOUT 43 YEARS

                   1(F)   NAGARATHNA
                          D/O LATE JAVAREGOWDA
                          AGED ABOUT 35 YEARS

                   1(G) RAJEGOWDA
                        S/O LATE JAVAREGOWDA
                        AGED ABOUT 38 YEARS
                        (APLICANTS NO.1(A) TO 1(G)
                        RESIDENT OF MANGALAPURA VILLAGE
                        KASABA HOBLI
                               -2-
                                          NC: 2024:KHC:17952
                                      RSA No. 1440 of 2013



       HOLENARASIPURA TALUK
       HASSAN DISTRICT
       AMENDED VIDE COURT ORDER
       DATED 28.6.2019)

2.     CHINNAPPA
       S/O LATE PATEL LINGEGOWDA
       AGED ABOUT 62 YEARS

3.     MYLARAIAH
       S/O LATE PATEL LINGEGOWDA
       AGED ABOUT 57 YEARS

       ALL ARE RESIDENTS OF
       MANGALAPURA VILLAGE
       KASABA HOBLI
       HOLENARASIPURA TALUK
       HASSAN DISTRICT
                                                ...APPELLANTS
(BY SRI.S.V. PRAKASH., ADVOCATE-ABSENT)

AND:

1.   BASAVEGOWDA
     S/O SANNE GOWDA
     AGED ABOUT 70 YEARS

2.   SHIVANNA
     S/O SANNEGOWDA
     AGED ABOUT 62 YEARS

3.   SMT. PADMAMMA
     W/O ANNAJI GOWDA
     AGED ABOUT 52 YEARS

4.   ANNAJI GOWDA
     S/O SANNE GOWDA
     AGED ABOUT 66 YEARS

     ALL ARE RESIDENTS OF
     MANGALAPURA VILLAGE
     KASABA HOBLI, HOLENARSIPURA TALUK
     HASSAN DISTRICT.
                                              ...RESPONDENTS
(BY SRI.MUSHAQ AHMED AND
    SRI.ABDUL KLANDAR, ADVOCATES FOR R1 & R2-ABSENT;
    R3 & R4-SERVED BUT UNREPRESENTED)
                              -3-
                                          NC: 2024:KHC:17952
                                       RSA No. 1440 of 2013




     THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING
TO CALL FOR RECORDS AND SET ASIDE THE JUDGEMENT & DECREE
DATED 20.4.2013 PASSED BY THE LEARNED JUDGE OF THE FAST
TRACK COURT, HOLENARASIPURA IN R.A.NO.178/2011 CONFIRMING
THE JUDGMENT AND DECREE DATED 12.9.2011 PASSED IN
O.S.NO.57/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC.,
HOLENARASIPURA AND ETC.

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

                         JUDGMENT

None appears for the appellants though called thrice.

It appears that the appellants are not interested in

prosecuting the matter. Hence, the appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

SR