IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.3133/2006 BETWEEN:
DR.S KANDOJI RAO S/O NARASAPPA AGED ABOUT 80 YEARS MEDICAL PRACTIONER R/A. BASAVAPATNA CHANNAGIRI TALUK DAVANGERE DISTRICT – 570 001.
(BY SRI G C SHANMUKHA, ADVOCATE) AND:
1. IBRAHIM S/O ABHAS SAB AGED ABOUT 49 YEARS 2. SHABBIR SAB S/O PRAKEER KHALANDAR SAB AGED ABOUT 72 YEARS 3. TEEPU S/O SASVEHALLI SATHAR SAB AGED ABOUT 47 YEARS ...APPELLANT ALL ARE RESIDING OF BASAVAPATNA CHANNAGIRI TALUK DAVANGERE DISTRICT – 570 001.
... RESPONDENTS (BY SADIQ N GOODWALA, ADVOCATE FOR SRI JAYAKUMAR S PATIL, ASSOCIATES) 2 THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:25.7.2006 PASSED IN R.A.No.133/2005 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE, (SR.DN.), DAVANGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:4.12.2004 PASSED IN OS No.129/1999 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE, (JR.DN.) & JMFC, CHANNAGIRI.
THIS RSA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant prays time.
Since the appeal is of the year 2006, of the year 2005 in terms of Regular Appeal and of the year 1999 in terms of original suit and posted for Hearing, it is not just and proper to grant time as prayed for. Hence, the time sought is rejected. The appeal is dismissed for non prosecution.
Sd/- JUDGE tsn*