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2025 DAILYLAW 68197 (KAR)

HALKURAIAH v. H.N. MALLASHETTY

RSA/1780/2022 · 2025-11-26

H P Sandesh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48999 RSA No. 1780 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1780 OF 2022 (SP) BETWEEN: 1. HALKURAIAH, AGED ABOUT 82 YEARS, S/O LATE HUCHAIAH, R/AT KANCHUGARANAHALLI, HONNAVALLY HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572227 …APPELLANT (BY SRI S.S. PARIKSHIT, ADVOCATE – ABSENT) AND: 1. H.N. MALLASHETTY, S/O LATE NAGANNASHETTY, AGED ABOUT 67 YEARS, RETIRED SUB INSPECTOR OF POLICE, R/AT BEHIND SRI LAKSHMINARAYANA TEMPLE, HONNAVALLY HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572227. …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.01.2022 PASSED IN R.A.NO.56/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.07.2016 PASSED IN O.S.NO.273/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, TIPTUR. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48999 RSA No. 1780 of 2022 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This matter was listed before this Court on 11.11.2025 and inspite of the matter was called twice, none appeared on behalf of the appellant. However, this Court in the ends of justice granted one more opportunity to the counsel for the appellant and also made it clear that if the learned counsel for the appellant does not appear on the next date of hearing, the appeal will be dismissed for non-prosecution. Inspite of the said order, the learned counsel for the appellant is not present today. Hence, the appeal is dismissed for non-prosecution in view of the order dated 11.11.2025. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 24