Sri Nanjeshgowda vs Smt. Vijayamma
2024 Latest Caselaw 26065 Kant

Karnataka High Court

Sri Nanjeshgowda vs Smt. Vijayamma on 4 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                -1-
                                                         NC: 2024:KHC:44239
                                                        RSA No. 900 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF NOVEMBER, 2024

                                           BEFORE
                           THE HON'BLE MR JUSTICE RAVI V HOSMANI
                        REGULAR SECOND APPEAL NO. 900 OF 2014 (PAR)
                   BETWEEN:

                         SRI. NANJESHGOWDA,
                         S/O. LATE RANGEGOWDA,
                         AGED ABOUT 41 YEARS,
                         R/O. DARASIHALLI,
                         BAGUR HOBLI,
                         CHANNARAYAPATNA TALUK,
                         HASSAN DISTRICT.
                                                               ...APPELLANT
                   (BY SRI. VIJAY KUMAR Y.H., ADVOCATE (ABSENT))

                   AND:

                   1.    SMT. VIJAYAMMA
                         W/O. SATHEESHA,
Digitally signed         AGED ABOUT 36 YEARS,
by ANUSHA V              R/O. MARGUR,
Location: High           BAGUR HOBLI,
Court Of
Karnataka                C.R. PATNA TALUK,
                         HASSAN DISTRICT.

                   2.    SMT. SOMBAMMA
                         W/O. LATE RANGEGOWDA,
                         AGED ABOUT 59 YEARS,
                         R/O. DARASIHALLI,
                         BAGUR HOBLI,
                         CHANNARAYAPATNA TALUK,
                         HASSAN DISTRICT.
                                -2-
                                              NC: 2024:KHC:44239
                                             RSA No. 900 of 2014




3.   SMT. YASHODAMMA
     D/O. LATE RANGEGOWDA,
     W/O. MANJEGOWDA @ SHANKAREGOWDA,
     AGED ABOUT 38 YEARS,
     R/O. KALASINDA,
     KASABA HOBLI,
     CHANARAYAPATNA TALUK,
     HASSAN DISTRICT.
                                    ...RESPONDENTS
     THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGEMENT      &   DECREE   DATED:      18.12.2013   PASSED   IN
R.A.NO.15/2011 ON THE FILE OF THE COURT OF THE SENIOR
CIVIL JUDGE, CHANNARAYAPATNA, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGEMENT AND DECREE DATED:
30.06.2011 PASSED IN OS.NO.113/2008 ON THE FILE OF THE
COURT     OF   THE   PRINCIPAL       CIVIL   JUDGE   AND   JMFC,
CHANNARAYAPATNA.

     THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS

DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE RAVI V HOSMANI


                      ORAL JUDGMENT

Even though the matter is passed over and called again,

none appears on behalf of the appellant.

2. Matter is listed for further orders for payment of

deficit Court fee of Rs.60/-. As per the registry note, even cost

NC: 2024:KHC:44239

of Rs.5,000/- imposed by order dated 03.07.2024 has not been

paid. This would indicate that appellant is not diligent in

pursuing the appeal.

3. Hence, appeal is dismissed for non-prosecution

imposing further cost of Rs.5,000/- (Rupees Five Thousand

Only), payable to the Advocates' Clerks' Benevolent Fund.

Sd/-

(RAVI V HOSMANI) JUDGE

PN