Karnataka High Court
Thimmarayappa vs Govindappa on 18 August, 2025
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NC: 2025:KHC:31756
RSA No. 1165 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
REGULAR SECOND APPEAL NO. 1165 OF 2018 (SP)
BETWEEN:
THIMMARAYAPPA
S/O. LATE GANGAPPA,
AGED ABOUT 58 YEARS,
R/AT ANCHE-MUSKURU VILLAGE,
LAKKURU HOBLI,
MALUR TALUK,
KOLAR DISTRICT-563 130.
...APPELLANT
(BY SRI. S.S. ZULAPI, ADVOCATE - ABSENT)
AND:
GOVINDAPPA
S/O. PILLAPPA,
AGED ABOUT 57 YEARS,
Digitally signed
by R/AT ALAMBADI VILLAGE,
VIJAYALAKSHMI
BN LAKKURU HOBLI,
Location: HIGH MALUR TALUK,
COURT OF
KARNATAKA KOLAR DISTRICT-563 130.
...RESPONDENT
(BY SRI. VARADARAJAN M S FOR C/R)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO SET ASIDE THE JUDGMENT DATED 23.03.2018, IN
R.A.NO.115/2011 ON THE FILE OF THE I ADDITIONAL
DISTRICT JUDGE KOLAR, AND BY ALLOWING THIS APPEAL,
SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE
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RSA No. 1165 of 2018
HC-KAR
SENIOR CIVIL JUDGE AND JMFC AT MALUR IN OS.NO.68/2011
(OLD OS NO.196/2005) DATED 19.11.2011.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO
ORAL JUDGMENT
1. None appears for the appellant. Learned counsel for
the respondent is present.
2. On the earlier occasion ie., on 04.08.2025 also, the
appellant has neither appeared before this Court nor
represented by his counsel.
3. The respondent's counsel also filed a memo across
the Bench. As per the memo, the suit in O.S.No.68/2011
has been filed by the plaintiff against the defendant for
decree of specific performance of the sale agreement
dated 24.05.2000 and the Trial Court has decreed the suit
and directed that the plaintiff is entitled to get the
registered sale deed of the suit schedule property from the
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defendant by paying the balance of sale consideration of
Rs.4,900/-, in accordance with law.
4. In terms of the above, the balance sale consideration
was paid through the Demand Draft bearing No.868241
dated 28.06.2018 drawn on State Bank of India in favour
of the Senior Civil Judge, Malur. The Executing Court,
after receiving the balance of sale consideration, has
executed the sale deed in favour of the plaintiff and the
mutation was also accepted in the name of the plaintiff
and the R.T.C entries were also transferred in the name of
the plaintiff. The copies of the sale deed, mutation order
and the R.T.C are also filed before this Court. The sale
deed was executed on 21.02.2019. Further, it is observed
that the second appeal is also filed on the concurrent
findings of the Courts below.
5. The said appeal was filed in the year 2018 and the
same is pending till date. However, the decree in the suit
was already executed by the Trial Court. Further, it is
observed that the appellant's counsel is not appearing
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before this Court to prosecute the matter. It appears that
the appellant is not interested in prosecuting the appeal.
Hence, the regular second appeal is dismissed for non
prosecution.
Sd/-
(DR.K.MANMADHA RAO)
JUDGE
GH
