Smt.Shivamma vs Sri.K.B.Siddappa
2024 Latest Caselaw 11758 Kant

Karnataka High Court

Smt.Shivamma vs Sri.K.B.Siddappa on 28 May, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                -1-
                                                               NC: 2024:KHC:17953
                                                         RSA No. 1045 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. 1045 OF 2013 (DEC/INJ)
                   BETWEEN:

                   1.   SMT.SHIVAMMA
                        W/O LATE GANGANNA @ GANGAPPA
                        DEAD BY LR'S SRI.G. CHANDRAPPA
                        S/O LATE K.GANGAPPA

                        DEAD BY PROPOSED LR'S
                   A.   SRI.SIDDAGANGAIAH
                        S/O LATE GANGANNA
                        AGED ABOUT 50 YEARS

                   B.   SRI.MRUTHYUNJAYA.K.C.
                        S/O LATE GANGANNA
                        AGED ABOUT 46 YEARS

                        BOTH ARE RESIDENTS OF
                        KODIHALLI VILLAGE, KORA HOBLI-572128
                        TUMKUR TALUK AND DISTRICT
                                                                ...APPELLANTS
Digitally signed   (BY SRI.V.B. SIDDARAMAIAH., ADVOCATE FOR PROPOSED A(A) &
by SHWETHA
RAGHAVENDRA        A(B)-ABSENT)
Location: High     AND:
Court of
Karnataka
                   SRI.K.B.SIDDAPPA
                   S/O BHEEMANNA
                   AGED ABOUT 69 YEARS
                   R/A KODIHALLI VILLAGE
                   KORA HOBLI-572128
                   TUMKUR TALUK AND DISTRICT
                                                                    ...RESPONDENT

                        THIS RSA IS FILED UNDER ORDER XLII RULE-1 R/W SECTION
                   100 OF CPC., PRAYING TO SET-ASIDE THE JUDGEMENT & DECREE
                   DATED 26.4.2013 PASSED IN R.A.NO.193/2008 (OLD NO.204/2005)
                   ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I,
                            -2-
                                       NC: 2024:KHC:17953
                                     RSA No. 1045 of 2013



TUMKUR, WHICH WAS FILED AGAINST THE JUDGMENT AND DECREE
DATED 6.10.2005 PASSED IN OS.NO.61/1994 ON THE FILE OF THE
II ADDL. CIVIL JUDGE(JR.DN) & JMFC., TUMKUR.

     THIS RSA, COMING ON FOR HEARING ON INTERLOCUTORY
APPLICATION, 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