Dismissed¶¶34

Shiva Kumara v. Sri Hutche Gowda

Karnataka HC4 Mar 2025RSA/234/2014

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru (Ravi V Hosmani, J., 04-03-2025) in RSA No. 234 of 2014 under Sec.100 CPC: second appeal dismissed for non-prosecution. Appellant's counsel retired via memo dated 09.02.2024 for want of instructions (memo accepted); Rs.500/- adjournment cost unpaid; no alternate arrangements made for over a year. Underlying matter: O.S.No.115/2006 (Civil Judge Jr.Dn & JMFC, Nagamangala, decree dated 24.4.2010) affirmed in R.A.No.11/2013 appeal dismissed on 11.1.2013. Parties: Shiva Kumara @ Hutchegowda (appellant) v. Hutche Gowda, Doddaiah @ Doddegowda, Seetha Lakshmi, Nagamma and Shivaraju @ Nagaraju (respondents). No precedent discussed; no merits decided.

What did the court decide?

The memo filed by learned counsel for appellant on 09.02.2024 expressing his intention to retire from the case for want of instructions is accepted.

Shiva Kumara Vs Sri Hutche Gowda — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:9293 RSA No. 234 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI

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REGULAR SECOND APPEAL NO. 234 OF 2014 (DEC)

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BETWEEN:

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SHIVA KUMARA @ HUTCHEGOWDA S/O DODDEGOWDA AGED ABOUT 38 YEARS AGRICULTURIST RESIDING AT CHOALSANDRA VILLAGE 571432 KASABA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT

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…APPELLANT

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(BY SRI.SRINIVAS V, ADVOCATE)

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AND:

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Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA

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SRI.HUTCHE GOWDA S/O KEMPEGOWDA AGED ABOUT 63 YEARS RESIDING AT NO.IDK-73/A HUTALA COLONY BHADRAVATHI TOWN - 577302 BHADRAVATHI SHIMOGA DISTRICT

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SRI.DODDAIAH @ DODDEGOWDA S/O KEMPEGOWDA

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2 - NC: 2025:KHC:9293 RSA No. 234 of 2014

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AGED ABOUT 61 YEARS AGRICULTURIST RESIDING AT CHOLASANDRA VILLAGE - 571432 KASABA HOBLI NAGAMANGALA TALUK

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SMT.SEETHA LAKSHMI W/O LATE SHIVALINGAIAH AGED ABOUT 43 YEARS RESIDING AT DOOR NO.875 BASAVESHWARA ROAD FORT MOHALLA MYSORE CITY MYSORE 570001

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SMT.NAGAMMA D/O KEMPEGOWDA AGED ABOUT 57 YEARS RESIDING AT CHOLASANDRA VILLAGE - 571432 KASABA HOBLI NAGAMANGALA TALUK

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SRI.SHIVARAJU @ NAGARAJU D/O DODDEGOWDA AGED ABOUT 38 YEARS RESIDING AT CHOLASANDRA VILLAGE - 571432 KASABA HOBLI NAGAMANGALA TALUK

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…RESPONDENTS

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(R.1, 2, 4 AND 5 - SERVED; NOTICE TO R.3 IS H/S V/O/D 16.11.2021)

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NC: 2025:KHC:9293 RSA No. 234 of 2014

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THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 11.1.2013 PASSED IN R.A.NO.11/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., NAGAMANGALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 24.4.2010 PASSED IN OS.NO.115/2006 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., NAGAMANGALA AND ETC.

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

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CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI

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ORAL JUDGMENT

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Since learned counsel for appellant was not ready to go on with matter on 09.02.2024, appeal was adjourned on cost of Rs.500/-. Till date, same is not paid.

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In meanwhile, learned counsel for appellant has filed a memo dated 09.02.2024 stating that he intends to retire from case for want of instructions. Memo is accompanied with an acknowledgment for having sent notice to appellant.

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