Citation : 2025 Latest Caselaw 10480 Kant
Judgement Date : 20 November, 2025
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NC: 2025:KHC:47925
RSA No. 1363 of 2009
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
REGULAR SECOND APPEAL NO. 1363 OF 2009 (PAR)
BETWEEN:
SRI NARASIMHA RAJU
S/O LATE NAGAPPA @ DODDANAGAPPA,
AGED ABOUT 35 YEARS
RESIDING AT PUTTAMMAPALYA,
DASARAHALLI MAJARE,
KORTGERE TALUK - 572 103.
...APPELLANT
(BY SRI. CHIDANANDA H.M., ADVOCATE (ABSENT))
AND:
1. SMT P N MANJULA
W/O HANUMANTHARAYAPPA
AGED ABOUT 28 YEARS
2. KUM. N. PUSHPA,
AGED ABOUT 22 YEARS
Digitally signed
by NANDINI B BOTH ARE RESIDING AT
G
Location: High PUTTAMMAPALYA, DASARAHALLI
Court of
Karnataka MAJRE, KORTGERE TALUK - 572 103.
3. SMT. SATHYAMMA
W/O. LATE NAGAPPA @ DODDANAGAPPA
AGED 51 YEARS, RESIDING AT
PUTTAMMAPALYA, KOLALAHOBLI,
KORTGERE TALUK - 572 103.
...RESPONDENTS
(BY SRI. K.V. NARASIMHAN, ADVOCATE FOR R1 TO R3)
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NC: 2025:KHC:47925
RSA No. 1363 of 2009
HC-KAR
THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DTD 17.3.2009 PASSED IN R.A.NO.11/2008
ON THE FILE THE CIVIL JUDGE (SR.DN) & JMFC., MADHUGIRI,
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND
DECREE DTD 14.12.2007 PASSED IN O.S.NO. 65/2007 ON THE FILE
OF THE CIVIL JUDGE (JR.DN) & JMFC., KORATAGERE.
THIS RSA, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL JUDGMENT
Learned counsel for the appellant is absent. No
representation.
2. Order sheet dated 07.11.2025 reads as under:
"None appears for the appellant and the respondents.
The appeal is of the year 2009. The matter is listed in advanced list and concerned advocates are requested not to seek adjournment and to address their arguments on merits. Inspite of that, there is no representation on behalf of the appellants and on behalf of the respondents.
It appears that the parties are not interested in prosecuting the appeal.
I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 20.11.2025."
NC: 2025:KHC:47925
HC-KAR
3. Inspite of that, there is representation. Hence, the
appeal is dismissed for default i.e., for non-prosecution.
In view of the dismissal of main appeal, pending
Misc.Civl.No.13173/2010 filed for directions stand disposed off.
Sd/-
(M G UMA) JUDGE
PNV CT:VS
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