Madappa vs Rajappa
2024 Latest Caselaw 27109 Kant

Karnataka High Court

Madappa vs Rajappa on 12 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                               -1-
                                                         NC: 2024:KHC:45849
                                                       RSA No. 1864 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 12TH DAY OF NOVEMBER, 2024
                                            BEFORE
                           THE HON'BLE MR JUSTICE RAVI V HOSMANI
                        REGULAR SECOND APPEAL NO. 1864 OF 2013 (PAR)

                   BETWEEN:

                   1.      MADAPPA,
                           S/O LATE MALLAPPA,
                           AGED ABOUT 84 YEARS,
                           SINCE DEAD BY HIS LRS.

                   1(A). PUTTABASAMMA,
                         W/O MADAPPA,
                         AGED ABUT 72 YEARS,

                   1(B). M. ERAIAH,
                         S/O MADAPPA,
                         AGED BOUT 62 YEARS,

                   1(C). DEVAMMA,
                         D/O MADAPPA,
                         AGED ABOUT 54 YEARS,

                   1(D). BASAPPA,
Digitally signed         S/O MADAPPA,
by ANUSHA V              AGED ABOUT 50 YEARS,
Location: High           ALL ARE RESIDING AT
Court of                 BETTADABEEDU VILLAGE,
Karnataka                HAMPAPURA HOBLI,
                         H.D. KOTE TALUK,
                         MYSORE DISTRICT.

                                                             ...APPELLANTS

                   (BY SRI ABUBACKER SHAFI, ADVOCATE (ABSENT))
                                  -2-
                                              NC: 2024:KHC:45849
                                            RSA No. 1864 of 2013




AND:

1.   RAJAPPA,
     W/O LATE MARIMALLAPPA,
     AGED ABOUT 64 YEARS,

2.   KALASWAMAPPA,
     S/O LATE MARIMALLAPPA,
     AGED ABOUT 59 YEARS,

     BOTH ARE R/AT MANDANAHALLI VILLAGE,
     JAYAPURA HOBLI, MYSORE TALUK - 570 003.

                                                ...RESPONDENTS
(BY SRI P. NATARAJU, ADVOCATE FOR R1 AND R2)
     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 3.2.2012 PASSED IN R.A.NO.508/2011 ON THE FILE OF
VI ADDITIONAL DISTRICT JUDGE, MYSORE, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 8.7.2011 PASSED IN O.S.NO.675/2009 ON THE FILE OF
IV ADDITIONAL SENIOR CIVIL JUDGE & JMFC., MYSORE.

    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 for appellants.

2. Learned counsel for respondent is present.

3. Appeal is of year 2013. It is seen that on several

previous occasions since 2019, appeal is adjourned at instance

NC: 2024:KHC:45849

of appellants. This would indicate that appellants are not

diligent in pursuing the appeal. Accordingly, appeal is

dismissed for non-prosecution by imposing cost of Rs.2,000/-

(Rupees Two Thousand) payable to Chief Minister's Relief Fund.

Sd/-

(RAVI V HOSMANI) JUDGE

CPN CT: BHK