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NC: 2024:KHC:18688
RSA No. 1492 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 31 DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO. 1492 OF 2012 (INJ)
BETWEEN:
SRI B SHIVANNA
AGED ABOUT 61 YEARS,
S/O LATE BOREGOWDA,
RESIDENT OF MAHADESHWARA ROAD,
KUMBARA KOPPALU,
MYSORE-570021
…APPELLANT
(BY SRI. V MANJUNATH PRASAD, ADVOCATE-ABSENT)
AND:
1. SMT SUDHA
AGED ABOUT 48 YEARS,
W/O S SIDDEGOWDA,
Digitally
signed by
RESIDING AT JHANJAR NO. 382,
MALATESH
HEBBAL EXTENSION,
K C
MYSORE-570021.
Location:
HIGH
COURT OF
2. SRI B SWAMY
KARNATAKA
AGED ABOUT 57 YEARS,
S/O LATE BOREGOWDA,
RESIDING OF MAHADESHWARA ROAD,
KUMBARA KOPPALU,
MYSORE-570 021
3. SMT. DODDATHAYAMMA @ KEMPADEVAMMA
AGED ABOUT 54 YEARS,
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NC: 2024:KHC:18688
RSA No. 1492 of 2012
W/O THIMMEGOWDA,
D/O LATE BOREGOWDA,
RESIDING AT MEGALA RAMA
MANDIRA,
KUMBARA KOPPALU,
MYSORE-570021
4. SMT. UMA DEVI
AGED ABOUT 57 YEARS,
W/O SRI B SHIVANNA,
RESIDENT OF MAHADESHWARA ROAD,
KUMBARA KOPPALU,
MYSORE-570 021
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 CPC AGAINST
THE JUDGMENT & DECREE DATED 02.09.2011 PASSED IN
R.A.NO.736/2010 ON THE FILE OF III ADDITIONAL DISTRICT
JUDGE, MYSORE, DISMISSING THE APPEAL FILED AGAINST
THE JUDGMENT AND DECREE DATED 16.06.2007 PASSED IN
O.S.NO.329/1996 ON THE FILE OF PRINCIPAL FIRST CIVIL
JUDGE (JR.DN.), MYSORE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:18688
RSA No. 1492 of 2012
JUDGMENT
None present on behalf of the appellant.
2. As per order dated 03.12.2019 process fees is
not paid for issuance of notice to respondents 1 to 4.
3. There is a delay of 218 days in filing the appeal
as well. The decree that is under challenge in an
injunction decree confirmed by first appellate Court.
Appeal is of the year 2012. Till today no proper steps has
been taken for service of notice to respondents.
Accordingly appeal is dismissed for non-prosecution.
Sd/-
JUDGE
SBN