Regular second appeal against concurrent decrees dismissing a suit for declaration and injunction. With no representation from the appellant or respondents on successive dates, the High Court dismissed the appeal 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2024 BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 227 OF 2018 (DEC/INJ)
BETWEEN:
…APPELLANT
(BY SRI.RAJASHEKAR.S., ADVOCATE (ABSENT))
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
1(b). SRI KEMPEGOWDA S/O LATE NINGEGOWDA AGED ABOUT 29 YEARS, R/AT MENAGRA VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435
NC: 2024:KHC:7528 RSA No. 227 of 2018
AGED ABOUT 26 YEARS, R/AT MENAGRA VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435
S/O PATEL KYATHEGOWDA, AGED ABOUT 47 YEARS, R/AT MENAGRA VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435
S/O CHIKKA KULLEGOWDA, AGED ABOUT 47 YEARS, R/AT MENAGRA VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435
6(a) SMT. BORAMMA W/O LATE KARIGOWDA, AGED ABOUT 74 YEARS, R/AT MENAGRA VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435
6(b) SRI RAMALINGEGOWDA S/O LATE KARIGOWDA, AGED ABOUT 54 YEARS, R/AT MENAGRA VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435
6(c) SRI SHIVANNA S/O KARIGOWDA, AGED ABOUT 52 YEARS, R/AT MENAGRA VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435
6(d) SRI NARAYANA S/O LATE KARIGOWDA, AGED ABOUT 49 YEARS, R/AT MENAGRA VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435
6(e) SMT. RATHNAMMA D/O LATE KARIGOWDA, AGED ABOUT 39 YEARS, R/AT MENAGRA VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435
NC: 2024:KHC:7528 RSA No. 227 of 2018
6(f) SRI RAMESHA
S/O LATE KARIGOWDA, AGED ABOUT 34 YEARS, R/AT MENAGRA VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435
…RESPONDENTS
(APPEAL AGAINST R6(b) IS ABATED)
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 23.09.2017 PASSED IN R.A.NO.15/2013 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA SITTING AT SRIRANGAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.11.2012 PASSED IN O.S.NO. 21/2009 ON THE FILE OF THE CIVIL JUDGE (SR.DN) JMFC AND MACT, PANDAVAPURA.
THIS APPEAL, COMING ON FOR FINAL HEARING , THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court, by order dated 14.02.2024, taking note
of non-appearance of the parties and their counsel had passed the following order:
“None appears for the parties.
The matter is pending since 2018.
There has been no representation on behalf of the appellant continuously on 24.08.2023, 08.09.2023, 22.09.2023, 09.10.2023 and even as on this day.
NC: 2024:KHC:7528 RSA No. 227 of 2018
It clearly indicates that the appellant is not interested in prosecuting the matter. However, in the interest of justice, list this matter on 22.02.2024 for necessary orders.”
Even today, there is no representation either by the appellant or by respondents.
In that view of the matter, the appeal is dismissed for non-prosecution.
Sd/JUDGE
MPK List No.: 2 Sl No.: 19
1 provisions across 1 enactments
SRI RAAKRISHNEGOWDA
SRI NINGEGOWDA DEAD BY LRS (SMT. SUSHEELA, SRI KEMPEGOWDA, SMT. SHRUTHI)
SRI RAMEGOWDA
SRI PUTTASWAMYGOWDA
SRI KEMPEGOWDA
SRI SHIVANNA
M.G.S. KAMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
