Regular second appeal dismissed as abated: notice to the respondent was returned with the postal remark that he died in 2020, and the appellant took no steps thereafter despite notice, showing lack of diligence in pursuing the appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.982 OF 2015 (INJ)
BETWEEN:
JAYALAXMAMMA, W/O KARIBASAVAIAH, MAJOR, R/A MUTHINAMULASOGE VILLAGE, HARANAHALLY HOBLI, PERIYAPATNA TALUK - 570 001.
…APPELLANT
(BY SRI DINESHA E.P., ADVOCATE)
AND:
KALASHETTY, S/O SANNASHETTY, MAJOR, R/A MUTHINAMULASOGE VILLAGE, HARANAHALLY HOBLI, PERIYAPATNA TALUK - 570 001.
…RESPONDENT
Digitally signed by ANUSHA V Location: High Court Of Karnataka
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 03.09.2014 PASSED IN R.A. NO.35/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., HUNSUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 15.02.2013 PASSED IN O.S. NO.84/2003 ON THE FILE OF THE CIVIL JUDGE AND JMFC., PERIYAPATNA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
NC: 2024:KHC:49579 RSA No. 982 of 2015
ORAL JUDGMENT
Notice issued to respondent has been returned with
postal shara as addressee 'died' in year 2020. Till date, steps
are not taken. This would indicate that appellant is not diligent
in pursuing appeal. Hence, appeal is dismissed as abated.
Sd/(RAVI V HOSMANI) JUDGE
GRD List No.: 1 Sl No.: 13
1 provisions across 1 enactments
Jayalaxmamma, W/o Karibasavaiah
Kalashetty, S/o Sannashetty
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
