Rudrappa vs S R Basappa Since Dead Rep. By His Lrs
2024 Latest Caselaw 28100 Kant

Karnataka High Court

Rudrappa vs S R Basappa Since Dead Rep. By His Lrs on 25 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                   -1-
                                                               NC: 2024:KHC:48104
                                                            RSA No. 679 of 2010



                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF NOVEMBER, 2024

                                                  BEFORE
                            THE HON'BLE MR JUSTICE RAVI V HOSMANI

                            REGULAR SECOND APPEAL NO. 679 OF 2010

                   BETWEEN:

                   1.     RUDRAPPA
                          S/O VIRUPAKSHAPPA
                          MAJOR,

                   2.     PARVATHAMMA
                          W/O RUDRAPPA
                          MAJOR,
                          BOTH ARE R/O SHETTYHALLI VILLAGE,
                          SINGATAGERE HOBLI,
                          KADUR TALUK, CHIKMAGALUR DISTRICT.
                                                                     ...APPELLANTS
                   (BY SRI. ABHINAY P. PATIL., ADVOCATE (ABSENT) )

                   AND:

                   1.     S. R. BASAPPA
                          SINCE DEAD REP. BY HIS LRS
Digitally signed
by ANUSHA V
Location: High     (a) VISHALAMMA
Court Of               W/O S. R. BASAPPA
Karnataka              MAJOR,
                   (b) S.B. RAMESH
                       S/O LATE S. R. BASAPPA
                       MAJOR,
                   (c)    S. B. CHANDRASHEKAR
                          S/O LATE S.R. BASAPPA
                          MAJOR,

                   (d) S.B. PARAMESHWARAPPA
                       S/O LATE S.R. BASAPPA
                       MAJOR,
                                   -2-
                                                  NC: 2024:KHC:48104
                                                 RSA No. 679 of 2010



(e) NEELAMMA
    W/O LATE NANJUNDAPPA,
    MAJOR,

(f)   S.B. PUSHPAVATHI
      W/O SIDDARAMAIAH,
      MAJOR,

      ALL ARE i.e. L.RS. A, B, C, D, E & F ARE
      R/O SHETTYHALLI VILLAGE,
      SINGATAGEREHOBLI, KADUR TALUK,
      CHIKMAGALUR DISTRICT.

2.    RAMESH
      S/O CHENNABASAPPA
      MAJOR,

3.    SIDDARAMAIAH
      S/O CHENNABASAPPA
      MAJOR,

      RESPONDENTS NO.2 & 3 ARE
      R/O SHETTIHALLI VILLAGE,
      SINGATAGERE HOBLI, KADUR TALUK,
      CHIKMAGALUR DISTRICT-577101.
                                                      ...RESPONDENTS
(BY SRI. G.S.BHAT., ADVOCATE FOR R1 (A,C, E&F),
    R1(B) (i & ii) R1 (D) (i TO iii ) R2 & R3)

       THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE    JUDGEMENT     &   DECREE    DATED    30.11.2009   PASSED   IN
R.A.NO.46/1999 ON THE FILE OF THE CIVIL JUDGE (SR.DN) &
ADDITIONAL CJM, ARSIKERE, PARTLY ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGEMENT AND DECREE DATED 08.10.1999
PASSED IN O.S.NO.28/1993 ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE (JR.DN) ARSIKERE AND ETC.


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

CORAM:      HON'BLE MR JUSTICE RAVI V HOSMANI
                                  -3-
                                                NC: 2024:KHC:48104
                                               RSA No. 679 of 2010



                         ORAL JUDGMENT

Though matter was passed over and called again, there is

no representation on behalf of appellants.

2. On 12.07.2024 while allowing I.As.no.1 of 2023 to 6

of 2023, costs of Rs.1,000/- was ordered to be paid to High

Court Legal Services Committee and Rs.1,000/- to legal

representatives of deceased respondent no.1.

3. Despite lapse of time, said order has not been

complied. This would indicate that appellants are not

diligent in pursuing appeal. Hence, appeal is dismissed for

non-prosecution.

Sd/-

(RAVI V HOSMANI) JUDGE

DL CT: JL