Sri. Narayana Shantharam Set vs Smt. Vathsala Bai
2024 Latest Caselaw 22515 Kant

Karnataka High Court

Sri. Narayana Shantharam Set vs Smt. Vathsala Bai on 4 September, 2024

                                                             -1-
                                                                        NC: 2024:KHC:36107
                                                                       RFA No. 499 of 2011




                                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                        DATED THIS THE 4TH DAY OF SEPTEMBER, 2024

                                                          BEFORE

                                         THE HON'BLE MR JUSTICE UMESH M ADIGA

                                          REGULAR FIRST APPEAL NO. 499 OF 2011

                                 BETWEEN:

                                 1.    SRI. NARAYANA SHANTHARAM SET,
                                       S/O LATE SHANTHARAM P. SET,
                                       AGED ABOUT 42 YEARS.

                                 2.    SRI. NAGARAJ SHANTHARAM SET,
                                       S/O LATE SHANTHARAM P. SET,
                                       AGED ABOUT 39 YEARS.

                                 3.    SMT. KAMALA BAI,
                                       W/O LATE SHANTHARAM P. SET,
                                       AGED ABOUT 68 YEARS.

                                 4.    KUM VIJAYA,
                                       D/O LATE SHANTARAM P. SET,
                                       AGED ABOUT 34 YEARS.
Digitally signed by KORLAHALLI
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF
KARNATAKA
                                 5.    KUM. NAGARATHNA,
                                       D/O LATE SHANTARAM P. SET,
                                       AGED ABOUT 30 YEARS,

                                 6.    KUM GEETHA,
                                       D/O LATE SHANTHARAM P. SET,
                                       AGED ABOUT 26 YEARS,

                                       APPELLANT NOS.1 TO 6 ARE
                                       R/AT DOOR NO. 768/2,
                                       SRI SAI NILAYA, 4TH MAIN,
                                       P.J. EXTENSION, DAVANAGERE-577 002.
                                                                             ...APPELLANTS
                                 (BY SRI. H NAGARAJA.,ADVOCATE (ABSENT))
                               -2-
                                         NC: 2024:KHC:36107
                                        RFA No. 499 of 2011




AND:

    SMT. VATHSALA BAI,
    W/O SADANANDA ANANTH SET,
    AGED ABOUT 43 YEARS,
    R/AT DOOR NO.11/2, CHOWKIPET,
    DAVANAGERE - 577 002.
                                            ...RESPONDENT
(VIDE ORDER DATED 04.11.2019,
APPEAL STANDS DISMISSED AGAINST R1(1);
R1(2) SERVED)

     THIS RFA IS FILED UNDER SECTION 96, R/W, O-41,
RULES-1 AND 2 OF CPC, AGAINST THE JUDGMENT AND
DECREE DATED-04.12.2010 PASSED IN O.S.29/2009 ON THE
FILE OF THE II-ADDL. DISTRICT JUDGE, DAVANGERE, PARTLY
DECREEING THE SUIT FOR THE RECOVERY OF MONEY.

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

CORAM:      HON'BLE MR JUSTICE UMESH M ADIGA

                      ORAL JUDGMENT

None appears on behalf of the appellants.

2. Sufficient time is granted by this Court to the

appellants.

3. Appellants are negligent towards the litigation

and even the effective steps were not taken against

respondent No.1(a), due to which appeal was dismissed

against respondent No.1(a).

NC: 2024:KHC:36107

4. An application was filed to recall the said order

dated 03.02.2020, inspite of granting more than 13 years,

appellants are not prosecuting the matter, effectively.

3. Hence, appeal is dismissed for non-

prosecution.

Sd/-

(UMESH M ADIGA) JUDGE

AMA