Shivananjaiah vs Kariyappa S/O Hutchaiah Since Dead By ...
2024 Latest Caselaw 12081 Kant

Karnataka High Court

Shivananjaiah vs Kariyappa S/O Hutchaiah Since Dead By ... on 30 May, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                -1-
                                                       NC: 2024:KHC:18361
                                                      RSA No. 122 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 30TH DAY OF MAY, 2024

                                             BEFORE
                          THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                         REGULAR SECOND APPEAL NO.122 OF 2013 (INJ)

                   BETWEEN:

                         SHIVANANJAIAH,
                         S/O. NANJUNDAIAH,
                         AGED ABOUT 52 YEARS,
                         R/O. KAMPLAPUR VILLAGE,
                         HULIYURDURGA HOBLI,
                         KUNIGAL TALUK,
                         TUMKUR DISTRICT-572 130.
                                                             ...APPELLANT
                   (BY SRI. S.M. PATIL, ADVOCATE)

                   AND:

                   1.     KARIYAPPA,
                          S/O HUTCHAIAH,
                          DEAD BY HIS LRS.
Digitally signed
by                 1(A) PRAKASH,
NARAYANAPPA
LAKSHMAMMA              S/O. LATE KARIYAPPA,
Location: HIGH          AGED ABOUT 37 YEARS,
COURT OF
KARNATAKA          1(B) SURESH
                        S/O. LATE KARIYAPPA,
                        AGED ABOUT 37 YEARS,

                   1(C) THIMMAMMA,
                        W/O. LATE KARIYAPPA,
                        AGED ABOUT 62 YEARS,

                          ALL ARE RESIDENT OF
                          KAMPLAPURA VILLAGE,
                          HULIYURDURGA HOBLI,
                                -2-
                                               NC: 2024:KHC:18361
                                              RSA No. 122 of 2013




      KUNIGAL TALUK,
      TUMKUR DISTRICT-572 130.
                                                    ...RESPONDENTS
(BY SRI. RAJANNA, ADVOCATE FOR R1(A TO C))

     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED 03.12.2012 PASSED IN
R.A.NO.46/2010 ON THE FILE OF SENIOR CIVIL JUDGE & JMFC,
KUNIGAL, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGEMENT AND DECREE DTD 03.04.2006 PASSED IN
OS.NO.433/2008 ON THE FILE OF PRINCIPAL CIVIL JUDGE
(JR.DN.) & JMFC, KUNIGAL.

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                          JUDGMENT

1. None appears for the appellant, though called thrice in

the morning session and once in the afternoon session.

2. It appears that the appellant is not interested in

prosecuting the matter, Hence, the appeal stands

dismissed for non prosecution.

Sd/-

JUDGE

RMS/KBM