Sri Venkatesh vs Thayamma
2024 Latest Caselaw 26512 Kant

Karnataka High Court

Sri Venkatesh vs Thayamma on 6 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                 -1-
                                                                 NC: 2024:KHC:44735
                                                            RSA No. 680 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 6TH DAY OF NOVEMBER, 2024
                                              BEFORE
                           THE HON'BLE MR JUSTICE RAVI V HOSMANI
                        REGULAR SECOND APPEAL NO. 680 OF 2014 (PAR)
                   BETWEEN:
                   1.    SRI VENKATESH
                         S/O. LATE VENKATIAH @ KULLAIAH,
                         AGED ABOUT 44 YEARS,
                         R/AT AMBADAHALLI VILALGE,
                         VIRUPAKSHIPURA HOBLI,
                         CHANNAPATTANT TALUK,
                         RAMANAGARA DISTRICT-562 138.
                   2.    SMT. THAYAMMA @ GOWRAMMA
                         S/O. LATE VENKATIAH @ KULLAIAH,
                         AGED ABOUT 40 YEARS,
                         R/AT AMBADAHALLI VILALGE,
                         VIRUPAKSHIPURA HOBLI,
                         CHANNAPATTANT TALUK,
                         RAMANAGARA DISTRICT-562 138.
                                                                       APPELLANTS
                   (BY SRI B M LOKESH, ADVOCATE)
                   AND:
                   1.    THAYAMMA
                         D/.O. LATE VENKTIAH @ KULLAIAH,
Digitally signed         AGED ABOUT 26 YEARS,
by ANUSHA V              D/O. LATE VNKATIAH @ KULLAIAH,
Location: High           AGED ABOUT 24 YEARS,
Court Of                 R/AT AMBADAHALLI VILLAGE,
Karnataka                VIRUPAKSHIPURA HOBLI,
                         CHANNAPATTANA TALUK,
                         RAMANAGARA DISTRICT-562 138.
                   2.    RATHNAMMA,
                         D/O. LATE VENKATIAH @ KULLAIAH,
                         AGED ABOUT 24 YEARS,
                         R/AT AMBADAHALLI VILLAGE,
                         VIRUPAKSHIPURA HOBLI,
                         CHANNAPATTANA TALUK,
                         RAMANAGARA DISTRICT-562 138.
                                                                   ...RESPONDENTS
                   (BY SRI H. JAYANATH, ADVOCATE FOR R1 TO R3)
                                -2-
                                             NC: 2024:KHC:44735
                                            RSA No. 680 of 2014




     THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT
& DECREE DATED 1.8.2013 PASSED IN R.A.NO.84/2012 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATTANA,
RAMANAGAR DISTRICT, ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 27.2.2012 PASSED IN
O.S.NO.146/2001 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.)
AND JMFC, CHANNAPATTANA.


    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:       HON'BLE MR JUSTICE RAVI V HOSMANI


                         ORAL ORDER

Though matter was passed over and called again, there

was no representation for appellants. It is seen from order

sheet, even though order dated 22.02.2024 indicate that delay

is condoned subject to payment of cost of Rs.250/- payable to

High Court Advocates' Clerks' Welfare Fund within two weeks.

Same is not complied. Hence, appeal is dismissed for non-

prosecution.

Sd/-

(RAVI V HOSMANI) JUDGE

Psg*