Sri Narasimhaiah vs Sri B Nagaraj
2025 Latest Caselaw 664 Kant

Karnataka High Court

Sri Narasimhaiah vs Sri B Nagaraj on 3 July, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                          NC: 2025:KHC:23910
                                                         MSA No. 112 of 2021


                   HC-KAR




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 3RD DAY OF JULY, 2025

                                            BEFORE

                              THE HON'BLE MR. JUSTICE H.P.SANDESH

                        MISCELLANEOUS SECOND APPEAL NO.112 OF 2021 (RO)

                   BETWEEN:

                   1.   SRI NARASIMHAIAH
                        S/O LATE MUNIYAPPA
                        AGED ABOUT 41 YEARS

                   2.   SRI KADIRAPPA
                        S/O LATE DODDAVEERAPA
                        AGED ABOUT 75 YEARS

                   3.   SRI PILLAPPA
                        S/O LATE DODDAVEERAPA
                        AGED ABOUT 73 YEARS

                        ALL ARE R/AT HARALURU VILLAGE
                        CHANNARAYAPATNA HOBLI
Digitally signed        DEVANAHALLI TALUK-562110.
by DEVIKA M
Location: HIGH
COURT OF                                                       ...APPELLANTS
KARNATAKA          (BY SRI ANANDA H.C., ADVOCATE - ABSENT)

                   AND:

                   1.   SRI B. NAGARAJ
                        S/O LATE BALAPPA
                        AGED ABOUT 52 YEARS

                   2.   SRI B MANJUNATHA
                        S/O LATE BALAPPA
                        AGED ABOUT 41 YEARS
                              -2-
                                          NC: 2025:KHC:23910
                                        MSA No. 112 of 2021


HC-KAR




    BOTH ARE R/AT HARALURU VILLAGE
    CHANNARAYAPATNA HOBLI
    DEVANAHALLI TALUK-562110.
                                             ...RESPONDENTS

     THIS MSA IS FILED UNDER ORDER 43 RULE 1 (U) OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED
26.07.2021 PASSED IN R.A.NO.15036/2020 ON THE FILE OF
THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, DEVANAHALLI AND ETC.

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

CORAM:    HON'BLE MR. JUSTICE H.P.SANDESH



                    ORAL JUDGMENT

This Court had issued emergent notice to the

respondents on 29.08.2024 and on 25.06.2025, this Court

held that notice was ordered against the respondents in

the year 2024, but till date, PF was not paid to issue notice

to the respondents. However, in the ends of justice, time

of one week was granted to pay the PF to issue notice

against the respondents and also made it clear that if PF is

not paid within a week, the appeal will be dismissed on the

next date of hearing. Inspite of the said order, today also

the counsel for the appellants not appeared before the

NC: 2025:KHC:23910

HC-KAR

Court and also not furnished PF to issue notice against the

respondents. Hence, the appeal is dismissed for non-

prosecution in terms of the order dated 25.06.2025.

2. In view of dismissal of the main appeal, I.A. if

any, does not survive for consideration and the same

stands dismissed.

Sd/-

(H.P.SANDESH) JUDGE

SN