Thimmarayappa Vs Govindappa — Karnataka HC (2025) — LawSathi Research

Thimmarayappa Vs Govindappa — Karnataka HC (2025) — LawSathi Research

1 - NC: 2025:KHC:31756 RSA No. 1165 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 1165 OF 2018 (SP)

BETWEEN:

THIMMARAYAPPA S/O. LATE GANGAPPA, AGED ABOUT 58 YEARS, R/AT ANCHE-MUSKURU VILLAGE, LAKKURU HOBLI, MALUR TALUK, KOLAR DISTRICT-563 130.

…APPELLANT

(BY SRI. S.S. ZULAPI, ADVOCATE - ABSENT)

AND:

Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

GOVINDAPPA S/O. PILLAPPA, AGED ABOUT 57 YEARS, R/AT ALAMBADI VILLAGE, LAKKURU HOBLI, MALUR TALUK, KOLAR DISTRICT-563 130.

…RESPONDENT

(BY SRI. VARADARAJAN M S FOR C/R)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT DATED 23.03.2018, IN R.A.NO.115/2011 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE KOLAR, AND BY ALLOWING THIS APPEAL, SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE

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NC: 2025:KHC:31756 RSA No. 1165 of 2018

HC-KAR

SENIOR CIVIL JUDGE AND JMFC AT MALUR IN OS.NO.68/2011 (OLD OS NO.196/2005) DATED 19.11.2011.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL JUDGMENT

None appears for the appellant. Learned counsel for the respondent is present.

On the earlier occasion ie., on 04.08.2025 also, the appellant has neither appeared before this Court nor represented by his counsel.

The respondent’s counsel also filed a memo across the Bench. As per the memo, the suit in O.S.No.68/2011 has been filed by the plaintiff against the defendant for decree of specific performance of the sale agreement dated 24.05.2000 and the Trial Court has decreed the suit and directed that the plaintiff is entitled to get the registered sale deed of the suit schedule property from the

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defendant by paying the balance of sale consideration of Rs.4,900/-, in accordance with law.

In terms of the above, the balance sale consideration

was paid through the Demand Draft bearing No.868241 dated 28.06.2018 drawn on State Bank of India in favour of the Senior Civil Judge, Malur. The Executing Court, after receiving the balance of sale consideration, has executed the sale deed in favour of the plaintiff and the mutation was also accepted in the name of the plaintiff and the R.T.C entries were also transferred in the name of the plaintiff. The copies of the sale deed, mutation order and the R.T.C are also filed before this Court. The sale

deed was executed on 21.02.2019. Further, it is observed that the second appeal is also filed on the concurrent findings of the Courts below.

The said appeal was filed in the year 2018 and the same is pending till date. However, the decree in the suit was already executed by the Trial Court. Further, it is observed that the appellant’s counsel is not appearing

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NC: 2025:KHC:31756 RSA No. 1165 of 2018

HC-KAR

before this Court to prosecute the matter. It appears that the appellant is not interested in prosecuting the appeal. Hence, the regular second appeal is dismissed for non

prosecution.

Sd/(DR.K.MANMADHA RAO) JUDGE

GH

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