G H Govindappa vs Hanumanna
2024 Latest Caselaw 25497 Kant

Karnataka High Court

G H Govindappa vs Hanumanna on 25 October, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                   -1-
                                                                 NC: 2024:KHC:43146
                                                                RSA No. 139 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 25TH DAY OF OCTOBER, 2024

                                                 BEFORE

                              THE HON'BLE MR JUSTICE RAVI V HOSMANI

                       REGULAR SECOND APPEAL NO. 139 OF 2015 (DEC/INJ)

                      BETWEEN:

                      G.H.GOVINDAPPA,
                      S/O HANUMANNA,
                      AGED ABOUT 54 YEARS,
                      R/O GALIHALLI VILLAGE,
                      BIRUR POST, KADUR TALUK-577 101.
                                                                       ...APPELLANT
                      [BY SRI. HANUMANTHARAJU H., ADVOCATE (ABSENT)]
                      AND:

                      1.    HANUMANNA,
                            S/O KENCHANNA,
                            AGED ABOUT 81 YEARS,
                            R/O KARAHALLI VILLAGE,
                            BIRUR POST, KADUR TALUK-577 101.

                      2.    THIMMANNA,
                            S/O LATE KENCHANNA,
Digitally signed by         AGED ABOUT 93 YEARS,
ANUSHA V                    R/O KAREHALLI VILLAGE,
Location: High              BIRUR POST, KADUR TALUK-577 101.
Court Of Karnataka
                                                                    ...RESPONDENTS
                             THIS RSA IS FILED UNDER SECTION 100 OF CPC R/W ORDER
                      XLII RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
                      15.09.2014 PASSED IN RA NO. 46/2009 ON THE FILE OF THE
                      SENIOR CIVIL JUDGE, JMFC, KADUR, DISMISSING THE APPEAL AND
                      CONFIRMING THE JUDGMENT AND DECREE DATED 12.06.2009
                      PASSED IN OS NO. 229/2004 ON THE FILE OF THE PRL. CIVIL JUDGE
                      (JR.DN.) AT KADUR.
                                       -2-
                                                     NC: 2024:KHC:43146
                                                    RSA No. 139 of 2015




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


CORAM:        HON'BLE MR JUSTICE RAVI V HOSMANI

                           ORAL JUDGMENT

Appeal was dismissed by order dated 25.01.2021 for

non-compliance of office objections. Thereafter, appeal was

restored on application for recalling said order. Even thereafter,

office objections have not been complied despite grant

of sufficient opportunity. None appears for appellant.

This would indicate appellant is not diligent in prosecuting

appeal. Hence, appeal is dismissed for non-prosecution on

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

Chief Minister's Relief Fund.

Sd/-

(RAVI V HOSMANI) JUDGE

AV