S K Suresha S/O Late Kadaveerappa vs Kadaveerappa S/O Karibasappa
2024 Latest Caselaw 25733 Kant

Karnataka High Court

S K Suresha S/O Late Kadaveerappa vs Kadaveerappa S/O Karibasappa on 29 October, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                    -1-
                                                                   NC: 2024:KHC:43538
                                                                  RSA No. 692 of 2012




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 29TH DAY OF OCTOBER, 2024

                                                   BEFORE

                              THE HON'BLE MR JUSTICE RAVI V HOSMANI

                            REGULAR SECOND APPEAL NO. 692 OF 2012 (INJ)

                      BETWEEN:

                      1.    S K SURESHA,
                            S/O LATE KADAVEERAPPA,
                            AGED ABOUT 42 YEARS,
                            AGRICULTURIST,
                            R/O HOLEHATTI VILLAGE,
                            SHIVAMOGGA TALUK - 577 201.

                      2.    SRI. S. K. LOKESHAPPA,
                            S/O LATE KADAVEERAPPA,
                            AGED ABOUT 53 YEARS,
                            AGRICULTURIST,
                            R/O HOLEHATTI VILLAGE,
                            SHIVAMOGGA TALUK - 577 201.
                                                                        ...APPELLANTS
                      [BY SRI L. SRINIVASA BABU, ADVOCATE (PH)]

                      AND:
Digitally signed by
ANUSHA V
                      1.    KADAVEERAPPA,
Location: High
Court Of Karnataka          S/O KARIBASAPPA,
                            AGED ABOUT 53 YEARS,

                      2.    KADAVEERAPPA ,
                            S/O VIRBHADRAPPA
                            AGED ABOUT 58 YEARS

                            R1 & R2 ARE AGRICULTURISTS,
                            R/O HOLEHATTI VILLAGE,
                            SHIVAMOGGA TQ - 577 201.

                      3.    SRI BASAPPA,
                            S/O VIRBHADRAPPA
                                      -2-
                                                         NC: 2024:KHC:43538
                                                     RSA No. 692 of 2012




     AGED ABOUT 63 YEARS
     (DELETED V/O DTD. 18.09.2014)
                                                           ...RESPONDENTS
(BY SRI B.S. PRASAD, ADVOCATE FOR R2)


       THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 20.08.2011 PASSED                          IN
R.A.NO.241/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT-III, SHIVAMOGGA, DISMISSING THE APPEAL AND
CONFIRMING       THE JUDGMENT        AND     DECREE      DATED   31.1.2009
PASSED IN O.S.NO.386/2004 ON THE FILE OF THE PRL. CIVIL JUDGE
(JR.DN) & JMFC., SHIVAMOGGA.


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


CORAM:       HON'BLE MR JUSTICE RAVI V HOSMANI


                           ORAL JUDGMENT

Sri L.Srinivasa Babu, learned counsel submits that

appellants have taken away file with 'No objection certificate'

in month of January. Since alternative arrangement is

not made till today, same would indicate that appellants

are not diligent in pursuing appeal. Appeal is dismissed for

non-prosecution.

Sd/-

(RAVI V HOSMANI) JUDGE

AV