Smt Puttasiddamma vs Sri Marigowda
2024 Latest Caselaw 26328 Kant

Karnataka High Court

Smt Puttasiddamma vs Sri Marigowda on 5 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                              -1-
                                                      NC: 2024:KHC:44582
                                                    RSA No. 1760 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. 1760 OF 2016 (DEC/INJ)
                 BETWEEN:

                 1.    SMT.PUTTASIDDAMMA,
                       W/O LATE VENKATEGOWDA @ K.T.THAMMAIAH,
                       AGED ABOUT 67 YEARS.

                 2.    K.T.VENKATESH
                       S/O LATE VENKATEGOWDA @ K.T.THAMMAIAH,
                       AGED ABOUT 46 YEARS.

                 3.    K.T.SRINIVAS,
                       S/O LATE VENKATEGOWDA @ K.T.THAMMAIAH,
                       AGED ABOUT 43 YEARS.

                 4.    K.T.THIMMARAJU,
                       S/O LATE VENKATEGOWDA @ K.T.THAMMAIAH,
                       AGED ABOUT 41 YEARS.

Digitally signed 5.    K.T.BHAGYA
by ANUSHA V            W/O PUTTANNA,
                       AGED ABOUT 45 YEARS,
Location: High
Court Of               R/AT GUDIGERE VILLAGE,
Karnataka              C.A.KERE HOBLI,
                       MADDUR TALUK - 571 428.

                 6.    K.T.RAVINDRA,
                       S/O K.T.VENKATEGOWDA @ K.T.THAMMAIAH,
                       AGED ABOUT 39 YEARS.

                       APPELLANTS NO.1 TO 4
                       AND 6 ARE R/AT
                       K.M.DODDI VILLAGE,
                       (BHARATHINAGAR)
                              -2-
                                         NC: 2024:KHC:44582
                                      RSA No. 1760 of 2016




     C.A.KERE HOBLI,
     MADDUR TALUK-571 428.
                                         ...APPELLANTS
(BY SRI CHANDRASHEKAR H.B., ADVOCATE (ABSENT))
AND:

1.   SRI MARIGOWDA,
     S/O LATE CHALUVA @ CHALUVEGOWDA,
     AGED ABOUT 71 YEARS,
     R/AT MANDYA K.M.DODDI ROAD,
     BHARATHINAGAR, C.A.KERE HOBLI,
     MADDUR TALUK-571 428.

2.   K.T.VASANTHA,
     W/O KRISHNA,
     AGED ABOUT 37 YEARS,
     R/AT THOREBOMMANAHALLI VILLAGE,
     C.A.KERE HOBLI,
     MADDUR TALUK-571 428.
                                         ...RESPONDENTS
(BY SRI RAMESHA H.E., ADVOCATE FOR C/R1 & R2 (ABSENT))
     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT
AND DECREE DATED 08.09.2016 PASSED IN RA NO.36/2013
ON THE FILE OF THE SENIOR CIVIL JUDGE, MADDUR,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 28.09.2013 PASSED IN OS NO.59/2001
ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC,
MADDUR.

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

CORAM:     HON'BLE MR JUSTICE RAVI V HOSMANI


                     ORAL JUDGMENT

Matter was passed over and called again, there is no

representation.

NC: 2024:KHC:44582

2. Even on previous occasion, there was no

representation. This would indicate that appellants are not

diligent in pursuing the appeal.

Accordingly, appeal is dismissed for non-prosecution.

Sd/-

(RAVI V HOSMANI) JUDGE

CPN