Smt. P C Yamuna vs Sri P C Babu
2024 Latest Caselaw 11760 Kant

Karnataka High Court

Smt. P C Yamuna vs Sri P C Babu on 28 May, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                -1-
                                                           NC: 2024:KHC:17958
                                                         RSA No. 1331 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. 1331 OF 2013 (PAR)
                   BETWEEN:

                   1.   SMT.P.C. YAMUNA
                        AGED ABOUT 50 YEARS

                   2.   SMT.P.C. PREMA
                        AGED ABOUT 46 YEARS

                   3.   SRI.P.C. SUBRAMANI
                        AGED ABOUT 44 YEARS

                        ALL ARE CHILDREN OF LATE
                        SRI.CHUKRA @ CHUKRAPPA
                        RESIDENTS OF KANNANGALA
                        VILLAGE, VIRAJPET TALUK
                        KODAGU DISTRICT-571218
                                                                   ...APPELLANTS
                   (BY SRI. DEVAIAH.I.M & SRI.RAMESH.K., ADVOCATES-ABSENT)

                   AND:
Digitally signed
by SHWETHA         1.   SRI.P.C.BABU
RAGHAVENDRA             AGED ABOUT 66 YEARS
Location: High
Court of           2.   SRI.P.C.ANNU
Karnataka               AGED ABOUT 63 YEARS

                   3.   SMT. GOWRI @ GOWRAMMA
                        AGED ABOUT 61 YEARS

                   4.   SMT.P.C. BABY
                        AGED ABOUT 59 YEARS

                   5.   SMT.P.C. LAXMI
                        AGED ABOUT 57 YEARS
                             -2-
                                        NC: 2024:KHC:17958
                                      RSA No. 1331 of 2013



6.   SRI.P.C. VISHWANATH
     AGED ABOUT 48 YEARS

     ALL ARE CHILDREN OF
     LATE SRI.CHUKRA @ CHUKRAPPA
     RESIDENTS OF KANNANGALA
     VILLAGE, VIRAJPE TALUK
     KODAGU DISTRICT-571218
                                              ...RESPONDENTS
(BY SRI. K.B.SHIVAPRASAD., ADVOCATE FOR R2-R6-ABSENT;
   R1-SERVED BUT UNREPRESENTED)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING
TO PASS AN ORDER TO CALL FOR THE ENTIRE RECORDS FROM THE
SENIOR CIVIL JUDGE, VIRAJPET IN R.A.NO.05 OF 2012 AND OS
NO.76 OF 2008, AND SET ASIDE THE ORDER DATED 28.3.2013
PASSED THEREIN AND ALLOW THE ABOVE IF ARGUMENTS ARE NOT
ADVANCED ON THE NEXT DATE OF HEARING, THE APPEAL WOULD
BE LIABLE TO BE DISMISSED FOR NON-PROSECUTION. IN ITS
ENTIRETY AND GRANT SUCH OTHER AND FURTHER RELIEFS.

     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