In this regular second appeal, the court dismissed the appeal for non-prosecution after the appellant's counsel failed to appear and attempts to serve the absent appellants proved unsuccessful.
The appeal was dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:34241 RSA No. 154 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
REGULAR SECOND APPEAL NO. 154 OF 2010
BETWEEN:
GURUBASAVAIAH S/O CHANNABASAVAIAH, SINCE DEAD BY LRS
ARE THE LRS OF APPELLANT NO.1(a)
Digitally signed by B LAVANYA
Location: HIGH COURT OF KARNATAKA
1(g) SMT. SAVITHA W/O LATE VEDA MURTHY. DAUGHTER IN LAW OF LATE GURUBASAVAIAH, AGED ABOUT 24 YEARS
1(h) SRI RUDRESHA, S/O LATE GURUBASAVAIAH, AGED ABOUT 40 YEARS
1(i) SMT. DRAKSHAYANAMMA W/O OMKARALAH SO LATE GURUBASAVAIAH AGED ABOUT 52 YEARS R/O HOCHEHALLI, YOGATI HOBLI, KADUR TALUK CHICKMAGALUR DISTRICT
1(j) SMT. SUJATHA W/O GANGADHARA D/O LATE GURUBASAVAIAH AGED ABOUT 46 YEARS R/O SARJAR STREET, KORATAGERE, TUMKUR DISTRICT.
1(a) TO (h) ARE RESIDING AT KARAGUNDA VILLAGE & POST, JAVAGAL HOBLI, ARASIKERE TALUK, HASSAN DISTRICT
…APPELLANTS
(A1(b)-SRI VIREESH MURTHY, A1(c)-SRI DODDA BASAVAIAH, A1(e)-SRI CHANNABASAVAIAH, A1(f)-SRI SOMASHEKARAIAH, A1(g)-SMT. SAVITHA, A1(h)-SRI RUDRESHA, A1(i)-SMT. DRAKSHAYANAMMA AND A1(j)-SMT. SUJATHA ARE ABSENT; A1(d) IS SERVED)
AND:
KARIBASAVAIAH, S/O CHANNAIAH, SINCE DEAD BY HIS L.RS
1(a) RAJANNA S/O LATE KARIBASAVAIAH AGED 64 YEARS,
ALL ARE RESIDING AT MUDANAHALLI VILLAGE, DESHIYANI POST, ARASIKERE TALUK, HASSAN DISTRICT
S/O SIDDAMALLAIAH, AGED ABOUT 50 YEARS, AGRICULTURIST, R/O MADAPURA VILLAGE, JAVAGAL HOBLI, ARASIKERE TALUK, HASSAN DISTRICT
…RESPONDENTS
(BY SRI MAHESH H, ADVOCATE FOR SRI R. SUBRAMANYA, ADVOCATE FOR R2; R1(b TO d) ARE SERVED;
R1(b TO d) ARE LR’S OF DECEASED R1(a) V/O DATED 06.07.2022
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED: 10.7.2009 PASSED IN R.A.NO.2/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & ADDL. CJM, ARASIKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 9.11.2005 PASSED IN OS.NO.100/2004 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., ARSIKERE.
NC: 2023:KHC:34241 RSA No. 154 of 2010
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants is present so also learned counsel for respondent No.2.
from the appellants to the learned counsel on record. Hence, learned counsel has filed a memo dated 07.08.2023 seeking retirement from the case.
NC: 2023:KHC:34241 RSA No. 154 of 2010
returned unserved stating that 'not residing in the given address'
by this Court to serve the appellants, the same is not fruitful. It appears that the appellants are not interested in prosecuting this matter. Hence, the appeal is
dismissed for non-prosecution.
Sd/JUDGE
SR List No.: 1 Sl No.: 8
RUDRANAMMA LRS
KARIBASAVAIAH LRS PARAMESHWARAPPA
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
