Dismissed

Sarasamma @ Saraswathi v. Sannaneelamma @ Neelamma

Karnataka HC8 Nov 2024RSA/1934/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a Regular Second Appeal for non-prosecution. The appeal, filed in 2018, remained pending for six years. Although listed for hearing twice, the appellants were absent, leading the court to conclude they had no interest in prosecuting the appeal.

What did the court decide?

Regular Second Appeal No. 1934 of 2018 was dismissed for non-prosecution.

Sarasamma @ Saraswathi Vs Sannaneelamma @… — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:45239 RSA No. 1934 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1934 OF 2018 (POS)

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BETWEEN:

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SARASAMMA @ SARASWATHI W/O LATE SRI.GOVINDANAYAKA, AGED ABOUT 56 YEARS,

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JAGADEESHA

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S/O LATE SRI GOVINDANAYAKA, AGED ABOURT 31 YEARS,

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SATHISHA

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S/O LATE SRI GOVINDANAYAKA, AGED ABOUT 33 YEARS,

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MANJANAYAKA S/O LATE SRI KARINAYAKA, AGED ABOUT 52 YEARS,

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Digitally signed by THEJASKUMAR N Location: High Court of Karnataka

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THIMMANAYAKA S/O LATE SRI KARINAYAKA, AGED ABOUT 50 YEARS,

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VENKATANAYAKA S/O LATE SRI KARINAYAKA, AGED ABOUT 48 YEARS,

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THIMMAMMA D/O LATE SRI KARINAYAKA, W/O HANUMANTHANAYAKA, AGED ABOUT 57 YEARS,

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ALL ARE RESIDENTS OF KANAGALU VILLAGE, HARANAHALLI HOBLI,

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NC: 2024:KHC:45239 RSA No. 1934 of 2018

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PERIYAPATNA TALUK, MYSURU DISTRICT-571 107.

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…APPELLANTS

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(BY SRI. P.FREUD RICHARDSON., ADVOCATE [ABSENT])

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AND:

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SANNANEELAMMA @ NEELAMMA

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SINCE DEAD BY HER LR'S,

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JAVARAPPA, SINCE DECEASED BY LR'S,

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1(a) SMT. CHANDRIKA

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W/O LATE SAVERAPPA, AGED ABOUT 65 YEARS, R/AT KANAGALU VILLAGE AND POST, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571 107.

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1(b) SRI. DHANPAL, S/O LATE SRI JAVARAPPA, AGED ABOUT 45 YEARS, R/AT KANAGALU VILLAGE AND POST, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571 107.

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1(c) SMT. MANGALA, S/O LATE SRI JAVARAPPA, W/O SRINIVAS, AGED ABOUT 42 YEARS, SARAGORU POST, NAYAKARA BEEDHI, HEGADADEVANA KOTE TALUK, MYSURU DISTRICT-571 114.

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1(d) SMT. SHASHIKALA, D/O LATE SRI. JAVARAPPA, W/O MANOHAR, AGED ABOUT 40 YEARS, R/AT NEAR B.C. THAMMANNA HOUSE, SANJAY CIRCLE, MADDURU POST

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3 - NC: 2024:KHC:45239 RSA No. 1934 of 2018

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MANDYA DISTRICT-571 401.

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1(e) KUMAR, S/O LATE SRI JAVARAPPA, AGED ABOUT 38 YEARS, R/AT KANAGALU VILLAGE AND POST, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571 107.

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KRISHNAMURTHY

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S/O LATE SRI SIDDAPPA, AGED ABOUT 74 YEARS, R/AT KANAGALU VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571 107.

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SEETHAMMA D/O LATE SRI SIDDAPPA, W/O LATE SRI GOVINDAPPA, AGED ABOUT 69 YEARS, R/AT KUDIGE VILLLAGE AND POST, KUSHALANAGAR HOBLI, SOMAVARAPETE TALUK, KODAGU DISTRICT-571 236.

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VENKATAMMA S/O LATE SRI SIDDAPPA, W/O NANJUNDAPPA, AGED ABOUT 67 YEARS, R/AT BETTADAPURA VILLAGE & POST, PERIYAPATNA TALUK, MYSURU DISTRICT-571 107.

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JAYAMMA D/O LATE SRI SIDDAPPA, W/O LATE SRI KRISHNAPPA, AGED ABOUT 65 YEARS, R/AT KANIVE VILLAGE AND POST, KUSHALANAGAR HOBLI, SOMAVARAPETE TALUK, KODAGU DISTRICT-571 236.

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4 - NC: 2024:KHC:45239 RSA No. 1934 of 2018

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NAGAMMA D/O LATE SRI SIDDAPPA, W/O VISHWANATHA, AGED ABOUT 63 YEARS, R/AT KONANURU TOWN AND POST, ARKALAGUDU TALUK, HASSAN DISTRICT-573 102.

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RAJAMMA D/O LATE SRI SIDDAPPA, AGED ABOUT 50 YEARS, R/AT KANAGALU VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571 107.

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…RESPONDENTS

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(BY SMT. ANUSHA ASUNDI., ADVOCATE FOR SRI. A.MADHUSUDHANA RAO., ADVOCATE FOR R1; R1(A TO E) & R2 TO 7)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELIEFS.

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THIS REGULAR SECOND APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Though the case called twice, the appellants are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case.

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5 - NC: 2024:KHC:45239 RSA No. 1934 of 2018

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Smt.Anusha Asundi., counsel on behalf of

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Sri.A.Madhusudhana Rao., for respondents 1(A to E) & 2 to 7 has appeared through video conferencing.

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As could be seen from the appeal papers, the appeal is filed in the year 2018. Now we are in the month of November 2024. The appeal is pending from six years. As already noted above, though matter called twice, the appellants are not represented. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular Second Appeal is

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dismissed for non-prosecution.

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Sd/(JYOTI MULIMANI) JUDGE

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TKN List No.: 2 Sl No.: 79

Sarasamma @ Saraswathi v. Sannaneelamma @ Neelamma

Case brief

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Sarasamma @ Saraswathi v. Sannaneelamma @ Neelamma

Case brief

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