Kalaiah vs M.S.Manjunatha
2024 Latest Caselaw 11756 Kant

Karnataka High Court

Kalaiah vs M.S.Manjunatha on 28 May, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                -1-
                                                          NC: 2024:KHC:17956
                                                         RSA No. 221 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. 221 OF 2013 (INJ)
                   BETWEEN:

                   1.   KALAIAH
                        S/O ERAIAH
                        AGED ABOUT 58 YEARS

                   2.   MULLAIAY
                        S/O ERAIAH
                        AGED ABOUT 60 YEARS

                        R/A BHOODANIKE VILLAGE
                        K.R. PET POST, AMBLE HOBLI
                        CHIKMAGALUR TALUK
                        CHIKMAGALUR DISTRICT
                                                                ...APPELLANTS
                   (BY SRI.PARTHASARATHY.R., ADVOCATE-ABSENT)

                   AND:

                   1.   M.S.MANJUNATHA
Digitally signed
by SHWETHA              S/O SUBBA RAO
RAGHAVENDRA             AGED ABOUT 84 YEARS
Location: High
Court of           2.   M.R. SHIVE GOWDA
Karnataka
                        S/O RAME GOWDA
                        AGED ABOUT 58 YEARS

                        BOTH ARE RESIDENT OF
                        MANDALAMANE VILLAGE & POST
                        BELUR TALUK, HASSAN DISTRICT

                   3.   UDDAIH (SINCE DECEASED) BY LRS

                   A.   UDDAMMA
                        AGED 50 YEARS
                        W/O LATE UDDAIAH
                                -2-
                                            NC: 2024:KHC:17956
                                         RSA No. 221 of 2013



B.    NEELAMMA
      AGED 28 YEARS
      D/O LATE UDDAIAH

C.    YATHISHA
      AGED ABOUT 25 YEARS
      S/O LATE UDDAIAH

      ALL ARE RESIDING AT BHOODANIKE
      AMBLE HOBLI, K.R. PET POST
      CHIKMAGALUR TALUK & DISTRICT-577101
                                                ...RESPONDENTS
(BY SRI.B.K. SANJAYA., ADVOCATE FOR R1 & R2;
   SRI.SUDHAKAR.M., ADVOCATE FOR R3)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING
TO CALL FOR RECORDS AND SET ASIDE THE JUDGEMENT & DECREE
DATED 2.9.2008 IN O.S.NO.364/2003 BY THE LEARNED IST
ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION), CHIKMAGALUR AND
ALSO THE JUDGMENT AND DECREE DATED 9.11.2012 IN REGULAR
IF ARGUMENTS ARE NOT ADVANCED ON THE NEXT DATE OF
HEARING, THE APPEAL WOULD BE LIABLE TO BE DISMISSED FOR
NON-PROSECUTION.     NO.55/2010 PASSED BY THE LEARNED
PRESIDING OFFICER, FAST TRACK COURT, CHIKMAGALUR AND
DISMISS O.S.NO.364/2003 ON THE FILE OF TH TRIAL COURT AND
ETC.

     THIS RSA, COMING ON FOR FINAL HEARING, 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