S. Chokkalingam vs Mohammed Shariff
2024 Latest Caselaw 28132 Kant

Karnataka High Court

S. Chokkalingam vs Mohammed Shariff on 25 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                     -1-
                                                                NC: 2024:KHC:47984
                                                               RSA No. 683 of 2015




                           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.683 OF 2015 (SP)
                      BETWEEN:
                            S. CHOKKALINGAM
                            S/O LATE SUNDARAM,
                            AGED 43 YEARS,
                            WORKING AT M/S. FREE WORLD HOUSE OF EXPORTS,
                            R/O NO.296/3, GANESH COLONY,
                            K H ROAD, CHENNAI-23.

                            NOW R/O MALLESHWARA,
                            KASABA, KADUR TALUK,
                            CHIKMAGALUR DISTRICT - 577 548.

                                                                      ...APPELLANT
                      (BY SRI S. CHOKKALINGAM - APPELLANT, ABSENT)
                      AND:
                      1.    MOHAMMED SHARIFF,
                            S/O ALTE MALLIK SAB, MAJOR.

                      2.    ZAFAR @ MOHAMMED ZAFAR,
Digitally signed by         S/O LATE MALLIK SAB, MAJOR,
ANUSHA V
Location: High        3.    SATTARSAB,
Court Of                    S/O LATE MALLIK SAB, MAJOR,
Karnataka
                      4.    K.M. BASHA,
                            S/O LATE MALLIK SAB, MAJOR,

                            ALL ARE R/O KALLAPURA VILLAE,
                            KASABA HOBLI, KADUR TALUK,
                            CHIKAMAGALUR DISTRICT - 577 548.

                      5.    RAJASHEKARA MURTHY,
                            S/O K.T. MAHALINGAPPA,
                            MAJOR,
                                   -2-
                                                     NC: 2024:KHC:47984
                                                    RSA No. 683 of 2015




     KAGGARADU VILLAGE,
     GOUDAGERE HOBLI,
     SIRA TALUK,
     TUMKUR DISTRICT-572 137.

6.   THE TAHASILDAR,
     KADUR TALUK,
     CHIKMAGALUR DISTRICT - 577 548.

7.   SHIRASTHEDAR,
     TALUK OFFICE, KADUR,
     CHIKMAGALUR DISTRICT - 577 548.

                                                        ...RESPONDENTS
(BY SRI PATEL D. KARIGOWDA, ADVOCATE FOR R5;
    R1, R2, R7 ARE SERVED; V/O DATED 19.10.2023 SERVICE OF
    NOTICE TO R3 & R4 ARE HELD SUFFICIENT; AGA FOR R6)

      THIS    RSA   IS   FILED   U/S.   100    OF   CPC.,AGAINST   THE
JUDGMENT AND DECREE DATED 09.01.2015 PASSED IN R.A. NO.
73/2013 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE,
CHIKKAMAGALURU, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 13.08.2010 PASSED IN OS NO.
09/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, KADUR TALUK,
CHIKMAGALUR DISTRICT.


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


CORAM:       HON'BLE MR JUSTICE RAVI V HOSMANI


                         ORAL JUDGMENT

Learned counsel for respondents present.

It is seen from order sheet that learned counsel for

appellant has retired after issuing notice to appellant. Two

NC: 2024:KHC:47984

weeks time was granted for making alternative arrangement.

Till date, there is no alternative arrangement. This would

indicate that appellant is not diligent in pursuing appeal. Hence,

appeal is dismissed for non-prosecution.

Sd/-

(RAVI V HOSMANI) JUDGE

GRD