Dismissed

Sri B M Narayanappa v. Smt Lakshmamma

Karnataka HC28 Mar 2023RSA/1607/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a Regular Second Appeal filed in 2017 for non-taking of steps. The appeal was adjourned for issuance of process against unlisted respondents Nos.1 and 6. Despite the court granting time to issue notices, these respondents were not served, and the court found the appellant had not pursued the matter diligently or paid required fees.

What did the court decide?

No substantive relief granted; appeal dismissed for failure to effect service on respondent Nos.1 and 6.

Sri B M Narayanappa Vs Smt Lakshmamma — Service and Employment | Karnataka HC (2023)

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1 - RSA No. 1607 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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REGULAR SECOND APPEAL NO.1607 OF 2017 (PAR)

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BETWEEN:

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SRI B.M. NARAYANAPPA, S/O LATE PATEL MUNIYAPPA, AGED ABOUT 61 YEARS, RESIDING AT BARAGUR VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563 130.

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…APPELLANT

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(BY SRI DEVARAJ N, ADVOCATE - ABSENT)

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AND:

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Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA

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SMT. LAKSHMAMMA, W/O LAKSHMAPPA, D/O LATE PATEL MUNIYAPPA, AGED ABOUT 51 YEARS, RESIDING AT NO.15/11, 5^TH MAIN, SRIKANTESHWARANAGAR, MAHALAKSHMI LAYOUT, BANGALORE-560 086.

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SRI KITTAPPA @ KITTANNA, S/O LATE CHOKKAPPA, AGED ABOUT 56 YEARS, RESIDING AT BARAGUR VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563 130.

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SRI JAYANNA, S/O LATE CHOKKAPPA,

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RSA No. 1607 of 2017

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AGED ABOUT 51 YEARS, RESIDING AT BARAGUR VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563 130.

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SMT. LAKSHMAMMA, D/O LATE PATEL MUNIYAPPA, AGED ABOUT 59 YEARS, RESIDING AT BARAGUR VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563 130.

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SMT. RAJAMMA, (WRONGLY SHOWN AS RAJANNA IN THE IMPUGNED JUDGMENTS), D/O LATE CHOKKAPPA, AGED ABOUT 47 YEARS, RESIDING AT CHHANNARAYANAPURA VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563 130.

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SMT. LAKSHMAMMA, D/O LATE CHOKKAPPA, AGED ABOUT 43 YEARS, RESIDING AT ALAMADI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563 130.

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…RESPONDENTS

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(R2 TO R5 ARE SERVED AND UNREPRESENTED)

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THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.03.2017 PASSED IN RA NO.64/2012 ON THE FILE OF THE II ADDITIONAL SESSIONS JUDGE, KOLAR DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.04.2012 PASSED IN OS NO.157/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALUR.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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RSA No. 1607 of 2017

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J U D G M E N T

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This Court had issued notice against respondent Nos.1 and 6 and the same was not served and hence the matter is listed for issuance of process. This Court on 02.02.2023, granted two weeks time to do the needful and also made it clear that if needful is done, issue notice against respondent Nos.1 and 6. Inspite of it, the appellant has not paid the P.F. This appeal was filed in the year 2017 and the learned counsel for the appellant is not pursuing the matter diligently. The notice is served to respondent Nos.2 to 5 and they are unrepresented. Hence, the appeal is dismissed for non-taking of steps against respondent Nos.1 and 6.

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Sd/JUDGE

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List No.: 1 Sl No.: 3

Sri B M Narayanappa v. Smt Lakshmamma

Case brief

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Sri B M Narayanappa v. Smt Lakshmamma

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