Smt. Siddamma vs Sri. Karibasappa
2024 Latest Caselaw 11877 Kant

Karnataka High Court

Smt. Siddamma vs Sri. Karibasappa on 29 May, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                          NC: 2024:KHC:18151
                                                         RSA No. 542 of 2018




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 29TH DAY OF MAY, 2024

                                            BEFORE

                               THE HON'BLE MR JUSTICE H.P.SANDESH

                             REGULAR SECOND APPEAL NO. 542 OF 2018

                   BETWEEN:

                   SMT. SIDDAMMA
                   W/O. LATE PARASAPPA,
                   AGED ABOUT 56 YEARS,
                   HOUSEHOLD,
                   R/O URAMMADEVARA TEMPLE,
                   HARIHAR,
                   DAVANAGERE DISTRICT.
                                                                ...APPELLANT
                   (BY SRI REVANNA BELLARY, ADVOCATE)
                   AND:

                   SRI KARIBASAPPA
                   S/O PARAMESHWARAPPA,
Digitally signed   AGED ABOUT 41 YEARS,
by DEVIKA M        AGRICULTURIST,
Location: HIGH     R/O. KUNCHANAHALLI,
COURT OF
KARNATAKA          SHIMOGA TALUK AND DISTRICT-577201.

                                                              ...RESPONDENT

                        THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
                   JUDGEMENT AND      DECREE DTD 06.03.2017 PASSED IN
                   R.A.NO.17/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
                   JUDGE AND CJM., SHIVAMOGGA AND ETC.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                -2-
                                            NC: 2024:KHC:18151
                                           RSA No. 542 of 2018




                       JUDGMENT

This Court issued emergent notice on I.A.No.1/2018 and

appeal on 22.11.2019 against the respondent and the notice

served on the respondent was not returned and the India Post

Net Tracking reveals that 'consignment details not found'.

Hence, this Court on 26.08.2021 again granted time of two

weeks to take steps insofar as unserved respondent is

concerned and on 07.10.2021 also this Court granted time of

two weeks to take process insofar as unserved respondent is

concerned. Inspite of the matter was listed twice for taking

steps against the respondent and though sufficient time was

granted to take steps against the respondent, till date, steps

are not taken to issue notice against the respondent. Now, we

are in the year 2024. Hence, it shows that the counsel for the

appellant is not pursuing the matter diligently. Accordingly, the

appeal is dismissed for non-taking of steps against the

respondent.

Sd/-

JUDGE

SN