Sri Suban Sab vs Sri Siddappa
2024 Latest Caselaw 25394 Kant

Karnataka High Court

Sri Suban Sab vs Sri Siddappa on 24 October, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                 -1-
                                                                 NC: 2024:KHC:42893
                                                               RSA No. 1462 of 2015




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                                BEFORE

                            THE HON'BLE MR JUSTICE RAVI V HOSMANI

                         REGULAR SECOND APPEAL NO. 1462 OF 2015 (INJ)
                    BETWEEN:
                          SRI SUBAN SAB
                          S/O SANNA BUDEN SAB
                          AGE: 48 YEARS, AGRICULTURIST
                          R/AT YEREHALLY GRAMA SASUVEHALLY HOBLI
                          YEKKANHALLI POST, HONNALI TALUK
                          DAVANAGERE DISTRICT-577219.

                                                                       ...APPELLANT
                    [BY SRI. SHIVAPPA T., ADVOCATE (ABSENT)]
                    AND:

                    1.    SRI SIDDAPPA
                          S/O NELOGAL SIDDARANGAPPA,
                          AGE: 35 YEARS
                    2.    SRI. BASAVARAJAPPA
                          S/O NELOGAL SIDDARAMAPPA
                          AGE: 33 YEARS
Digitally signed by 3.    SRI. KARIBASAPPA
ANUSHA V                  AGED ABOUT 47 YEARS
Location: High      4.    SRI.MANJUNATH
Court Of Karnataka
                          S/O MALLAPPA
                          AGE: 33 YEARS
                          RESPONDENTS 1 TO 4
                          R/AT YEREHALLY VILLAGE
                          YEKKANAHALLI POST
                          SASUVEHALLI HOBLI
                          ONNALI TALUK
                          DAVANAGERE DISTRICT-577 219.

                                                                    ...RESPONDENTS
                                     -2-
                                                       NC: 2024:KHC:42893
                                                   RSA No. 1462 of 2015




      THIS RSA IS FILED UNDER 100 OF CPC., 1908, AGAINST THE
JUDGMENT AND DECREE DATED 30.6.2015 IN RA NO.54/2013, ON
THE FILE OF THE SENIOR CIVIL JUDGE, HARIHAR, ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
28.3.2013 IN OS NO.133/2002 ON THE FILE OF THE CIVIL JUDGE,
HONNALI.

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

CORAM:        HON'BLE MR JUSTICE RAVI V HOSMANI


                           ORAL JUDGMENT

Matter was dismissed for non-prosecution by an order

dated 3rd November 2016. On filing an application for recalling

said order, appeal is restored permitting appellant to comply

office objections within four weeks by an order dated

27.07.2023.

2. More than a year has passed and office objections

have not been complied. Though matter was passed over and

called again, there is no representation on behalf of appellant.

This would indicate that appellant is not diligent in pursuing

appeal. Therefore, appeal is dismissed for non-prosecution by

imposing cost of Rs.5,000/- (Rupees Five Thousand) payable to

Chief Minister's Relief Fund, within two weeks.

Sd/-

(RAVI V HOSMANI) JUDGE

GSS