Sri B Shivanna vs Smt Sudha
2024 Latest Caselaw 12154 Kant

Karnataka High Court

Sri B Shivanna vs Smt Sudha on 31 May, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                  NC: 2024:KHC:18688
                                                RSA No. 1492 of 2012




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 31ST DAY OF MAY, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR SECOND APPEAL NO. 1492 OF 2012 (INJ)


            BETWEEN:
                 SRI B SHIVANNA
                 AGED ABOUT 61 YEARS,
                 S/O LATE BOREGOWDA,
                 RESIDENT OF MAHADESHWARA ROAD,
                 KUMBARA KOPPALU,
                 MYSORE-570021


                                                       ...APPELLANT
            (BY SRI. V MANJUNATH PRASAD, ADVOCATE-ABSENT)

            AND:

            1.   SMT SUDHA
                 AGED ABOUT 48 YEARS,
Digitally        W/O S SIDDEGOWDA,
signed by        RESIDING AT JHANJAR NO. 382,
MALATESH
KC               HEBBAL EXTENSION,
Location:        MYSORE-570021.
HIGH
COURT OF
KARNATAKA   2.   SRI B SWAMY
                 AGED ABOUT 57 YEARS,
                 S/O LATE BOREGOWDA,
                 RESIDING OF MAHADESHWARA ROAD,
                 KUMBARA KOPPALU,
                 MYSORE-570 021

            3.   SMT. DODDATHAYAMMA @ KEMPADEVAMMA
                 AGED ABOUT 54 YEARS,
                           -2-
                                      NC: 2024:KHC:18688
                                   RSA No. 1492 of 2012




     W/O THIMMEGOWDA,
     D/O LATE BOREGOWDA,
     RESIDING AT MEGALA RAMA
     MANDIRA,
     KUMBARA KOPPALU,
     MYSORE-570021

4.   SMT. UMA DEVI
     AGED ABOUT 57 YEARS,
     W/O SRI B SHIVANNA,
     RESIDENT OF MAHADESHWARA ROAD,
     KUMBARA KOPPALU,
     MYSORE-570 021


                                       ...RESPONDENTS

      THIS RSA IS FILED UNDER SECTION 100 CPC AGAINST

THE JUDGMENT & DECREE DATED 02.09.2011 PASSED IN

R.A.NO.736/2010 ON THE FILE OF III ADDITIONAL DISTRICT

JUDGE, MYSORE, DISMISSING THE APPEAL FILED AGAINST

THE JUDGMENT AND DECREE DATED 16.06.2007 PASSED IN

O.S.NO.329/1996 ON THE FILE OF   PRINCIPAL FIRST CIVIL

JUDGE (JR.DN.), MYSORE.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
                                -3-
                                              NC: 2024:KHC:18688
                                         RSA No. 1492 of 2012




                        JUDGMENT

None present on behalf of the appellant.

2. As per order dated 03.12.2019 process fees is

not paid for issuance of notice to respondents 1 to 4.

3. There is a delay of 218 days in filing the appeal

as well. The decree that is under challenge in an

injunction decree confirmed by first appellate Court.

Appeal is of the year 2012. Till today no proper steps has

been taken for service of notice to respondents.

Accordingly appeal is dismissed for non-prosecution.

Sd/-

JUDGE

SBN