Sri. C. Mohan vs Sri. K.S. Rajagopal @ Raju
2024 Latest Caselaw 26327 Kant

Karnataka High Court

Sri. C. Mohan vs Sri. K.S. Rajagopal @ Raju on 5 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                  -1-
                                                               NC: 2024:KHC:44325
                                                             RSA No. 1304 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 5TH DAY OF NOVEMBER, 2024
                                                 BEFORE
                            THE HON'BLE MR JUSTICE RAVI V HOSMANI
                        REGULAR SECOND APPEAL NO. 1304 OF 2016 (INJ)
                   BETWEEN:
                   1.      SRI. C. MOHAN,
                           DIED ON 27-04-2016,
                           NOW BY LRs'
                   1(a)    SRI N. DORERAJU,
                           S/O LATE K.G. NIGAMANTHA CHAKRAVARTHY,
                           R/A NEW STREET,
                           THALAKADU VILLAGE AND HOBLI,
                           T NARASIPURA TALUK,
                           MYSORE DISTRICT.
                   1(b) SRI K.N.SHREENIVASA,
                        AGED ABOUT 48 YEARS,
                        S/O LATE K.G.NIGAMANTHA CHAKRAVARTHY,
                        R/A NEW STREET,
                        THALAKADU VILLAGE AND HOBLI,
                        T. NARASIPURA TALUK,
                        MYSORE DISTRICT.
                                                                     ...APPELLANTS
                   [BY SRI SHABBIR AHMED A.L., ADVOCATE (ABSENT)]
                   AND:
Digitally signed
by ANUSHA V        1.     SRI K.S. RAJAGOPAL @ RAJU,
                          (RETIRED SCHOOL TEACHER)
Location: High            AGED ABOUT 75 YEARS,
Court Of                  S/O LATE SUNDARA THATHACHAR,
Karnataka                 R/A NEW STREET,
                          THALAKADU VILLAGE AND HOBLI,
                          T. NARASIPURA TALUK,
                          MYSORE DISTRICT - 563 230.
                   2.     SRI T.S. PARTHASARATHY @ PARTHY,
                          (RETIRED SCHOOL TEACHER),
                          AGED ABOUT 76 YEARS,
                          S/O LATE SHREENIVASA THATHACHAR,
                          R/A NEW STREET,
                          THALAKADU VILLAGE AND HOBLI,
                          T. NARASIPURA TALUK,
                          MYSORE DISTRICT - 563 230.
                                                                    ...RESPONDENTS
                                -2-
                                              NC: 2024:KHC:44325
                                           RSA No. 1304 of 2016




      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DTD 25.04.2016 PASSED IN RA.NO.6/2015
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC.,
TIRUMAKUDALU NARASIPURA, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 21.1.2015
PASSED IN O.S.NO.184/2002 ON THE FILE OF THE CIVIL JUDGE AND
JMFC., T. NARASIPURA.

     THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:       HON'BLE MR JUSTICE RAVI V HOSMANI


                         ORAL JUDGMENT

None appears for appellants.

There was no representation on 29.08.2024. Taking note

of previous default, finally a week's time was granted to take

steps and in case of further default, matter was ordered to be

listed for dismissal.

It is seen that steps are not taken. This would indicate

that appellants are not diligent in pursuing appeal. Accordingly,

appeal is dismissed for non-prosecution by imposing cost of

Rs.5000/- payable to Chief Minister's Relief Fund.

Sd/-

(RAVI V HOSMANI) JUDGE

GRD