Regular Second Appeal filed under Order 100 CPC regarding modification of decree. Appeal stands dismissed because the appellant's counsel expired and the appellant is not residing at the address provided, making service impossible and continuing the proceedings futile.
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NC: 2024:KHC:23259 RSA No. 799 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REGULAR SECOND APPEAL NO. 799 OF 2015 (PAR)
BETWEEN:
SMT PREMA WIFE OF NAGARAJA, AGED ABOUT 50 YEARS, RESIDING OF KANCHI NAGAR, HONNAVALLI POST, CRINGERI TALUK, CHIKMAGALURU DISTRICT-577101.
…APPELLANT
(BY SRI. K CHANDRASHEKAR ACHAR.,ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:23259 RSA No. 799 of 2015
…RESPONDENTS
(BY SRI. B H SHAMANNA., ADVOCATE FOR R1 & R2; SRI. K.P. BHUVAN .,ADVOCATE FOR R3)
THIS RSA FILED UNDER 100 OF CPC., PRAYING TO ALLOW THIS APPEAL, BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED BY THE COURT OF THE PRINCIPAL DISTRICT JUDGE, CHIKMAGALUR, R.A.NO.195/2010 DATED 13.2.2013 BY MODIFYING THE JUDGMENT AND DECREE DATED 24.6.2010 IN O.S.NO.204/2005 BY THE COURT OF THE ADDL. SENIOR CIVIL JUDGE, CHIKMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS RSA, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. The appellant is before this Court seeking for the following relief;
“Set aside the Judgment and Decree passed by the Court of the Principal District Judge, Chikmagalur, R.A.No.195/2010 dated 13.2.2013 by modifying the Judgment and Decree dated 24.6.2010 in O.S.No.204/2005 by the Court of the Addl. Senior Civil Judge, Chikmagalur, in the interest of justice and equity.”
NC: 2024:KHC:23259 RSA No. 799 of 2015
view of the matter, notice could not be served on the appellant.
matter. The appeal stands dismissed .
Sd/JUDGE
SR List No.: 2 Sl No.: 5
Smt Prema
Smt Susheela
Smt Palaniyamma
Chandrashekara
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
