Smt Rangamma vs Smt Rukminiyamma
2024 Latest Caselaw 25921 Kant

Karnataka High Court

Smt Rangamma vs Smt Rukminiyamma on 23 October, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                       -1-
                                                              NC: 2024:KHC:42597
                                                             RSA No. 131 of 2014




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 23RD DAY OF OCTOBER, 2024

                                                 BEFORE

                               THE HON'BLE MR JUSTICE RAVI V HOSMANI

                             REGULAR SECOND APPEAL NO. 131 OF 2014 (SP)

                      BETWEEN:

                      SMT. RANGAMMA
                      @ PARVATHAMMA,
                      W/O DEVASHETTY,
                      AGED ABOUT 72 YEARS,
                      R/O NEAR H.R.P.WORKSHOP,
                      GORUR - 573120,
                      HASSAN TALUK.
                                                                    ...APPELLANT
                      [BY SRI R.N.UDAY KUMAR, ADVOCATE FOR
                          SRI JWALA KUMAR, ADVOCATE (PH)]
                      AND:

                      1.     SMT RUKMINIYAMMA,
                             SINCE DEAD BY HER LR'S,

                      1(a)   H.SAMPATH IYANGAR,
Digitally signed by          S/O SRINIVASA IYANGAR,
ANUSHA V                     AGED ABOUT 59 YEARS,
Location: High               NO.104, 10TH A CROSS,
Court of Karnataka           3RD MAIN ROAD,
                             PRASHANTH NAGAR,
                             BANGALORE-560 079.

                      1(b) H. KRISHNA IYANGAR,
                           S/O SRINIVASA IYANGAR,
                           AGED ABOUT 61 YEARS,
                           R/AT BEKARI SHOP,
                           BASAVANAHALLI,
                           CHIKKAMAGALUR-577 101.

                      1(c)   H. BILIGIRIRANGAN,
                             S/O SRINIVASA IYANGAR,
                             AGED ABOUT 57 YEARS,
                                   -2-
                                                  NC: 2024:KHC:42597
                                                RSA No. 131 of 2014




       R/AT BRAMHANARA BEEDI,
       GORUR VILLAGE & POST,
       KATTAYA HOBLI,
       HASSAN TALUK-573 120.

1(d) SMT. SHANTHA,
     D/O SRINIVASA IYANGAR,
     AGED ABOUT 63 YEARS,
     NO.104, 10TH 'A' CROSS,
     3RD MAIN ROAD,
     PRASHANTH NAGAR,
     BANGALORE-560 079.

1(e)   SMT. SUBHADRA,
       D/O SRINIVASA IYANGAR,
       AGED ABOUT 65 YEARS,
       NO.104, 10TH 'A' CROSS,
       3RD MAIN ROAD,
       PRASHNATH NAGAR,
       BANGALORE-560 079.

2.     SMT. DYAVAMMA,
       W/O LATE LAKSHME GOWDA,
       AGED ABOUT 62 YEARS,
       ARALI KATTE, UDUVARE GRAMA,
       KATTAYA HOBLI,
       HASSAN TALUK 573 120.

7.     B.K. VENUGOPAL,
       S/O MOHAN ARALIKATTE,
       AGED ABOUT 52 YEARS,
       R/AT UDUVARE GRAMA,
       KATTAYA HOBLI,
       HASSAN TALUK - 573 120.
                                                    ...RESPONDENTS
(BY SRI. CHETHAN B., ADVOCATE FOR C/R1(c);
    V/O DATED 15.06.2016, NOTICE TO R1(a) H/S;
    R2 & R3 ARE SERVED)


       THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE    JUDGMENT    &    DECREE    DATED    11.10.2013    PASSED    IN
R.A.NO.71/2007 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE,
HASSAN,    ALLOWING      THE    APPEAL   AND   SETTING   ASIDE    THE
JUDGMENT     AND       DECREE    DATED    05.04.2007     PASSED    IN
                                -3-
                                             NC: 2024:KHC:42597
                                           RSA No. 131 of 2014




O.S.NO.407/1997 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.)
AND JMFC-II, HASSAN.


       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

Submission is made by Sri R.N.Uday Kumar, learned

counsel that Sri Jwala Kumar, learned counsel for appellant

intends to retire from case.

Since necessary steps are not taken in time, this would

indicate that appellant is not diligent in prosecuting appeal.

Appeal is dismissed for non-prosecution.

Sd/-

(RAVI V HOSMANI) JUDGE

AV