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NC: 2024:KHC:24571
RSA No. 401 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO. 401 OF 2011 (DEC/INJ)
BETWEEN:
K VENKATACHALAPATHI SETTY
DEAD BY LRS
1. SMT SUSHEELAMMA
W/O K VENKATACHALAPATHI
AGED ABOUT 84 YEARS
2. K VENKATARATHNAM
S/O K VENKATACHALAPATHI SETTY
AGED ABOUT 62 YEARS
3. VENKATESH BABU
S/O K VENKATACHALAPATHI SETTY
AGED ABOUT 48 YEARS
ALL ARE RESIDING AT NO 37,
TH
FOURTH CROSS, 12 MAIN,
Digitally
VITTALNAGAR,
signed by R
MANJUNA THA
CHAMARAJPET
Location:
BANGALORE 560018
HIGH COURT
OF
…APPELLANTS
KARNATAKA
(BY SRI L NARASIMHA MURTHY, ADVOCATE –ABSENT;
VIDE ORDER DATED 31.05.2022, APPELLANT NO.2 AND 3 ARE
LEGAL REPRESENTATIVES OF DECEASED APPELLANT NO.1;
VIDE ORDER DATED 12.10.2022, A2 IS DEAD;
SRI V VIJAYA SHEKARA GOWDA AND
SRI A S VENKAT KUMAR, ADVOCATES FOR A3)
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NC: 2024:KHC:24571
RSA No. 401 of 2011
AND:
K RADHAKRISHNAIAH SETTY
S/O LATE ABBAIAH SETTY
AGED ABOUT 71 YEARS
RESIDING AT NO.163/D/32,
KANAKAPURA ROAD
TATA SILK FARM,
BASAVANAGUDI
BANGALORE 560 004
…RESPONDENT
(BY SRI R ANIL KUMAR AND
SRI H T VASANTH KUMAR, ADVOCATES)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 21.10.2010 PASSED IN
R.A.NO.218/2007 ON THE FILE OF THE II ADDL. CIVIL JUDGE
(SR.DN) KOLAR, PARTLY ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 26.7.2007 PASSED
IN O.S.NO.348/1995 ON THE FILE OF THE ADDL. CIVIL JUDGE
(JR.DN) MALUR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
ORDER
Case called out. None present on behalf of the
appellants. Even in the last date of hearing, there was no
representation on behalf of the appellants. Appeal is of the
year 2011, yet to be admitted.
Perused the records. Appeal is filed by defendants who
suffered the decree in O.S.348/1995, whereby judgment and
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NC: 2024:KHC:24571
RSA No. 401 of 2011
decree passed in O.S.No.284/1992, dated 31.03.1995 was held
null and void and not binding on the plaintiff.
Accordingly, appeal is dismissed for non prosecution.
Sd/-
JUDGE
MR
List No.: 2 Sl No.: 33