Subhaschandra S/O Hanamappa ... vs Neelappa S/O Yellappa Honnihalli

                            1




            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 03RD DAY OF NOVEMBER, 2022

                         BEFORE

         THE HON'BLE MS. JUSTICE JYOTI MULIMANI

 REGULAR SECOND APPEAL NO.2085 OF 2007 (DEC/INJ)


BETWEEN:

1.   SUBHASCHANDRA
     S/O HANAMAPPA KUSUGAL
     AGED:43 YEARS, OCC:AGRICULTURE,
     R/O.GUDENKATTI,
     TALUK: KUNDGOL-581113.

2.   BASAPPA
     S/O HANAMAPPA KUSUGAL
     AGE ABOUT 40 YEARS,
     OCC: AGRICULTURE,
     R/O.GUDENAKATTI,
     TALUK: KUNDAGOL-581113.

3.   MALLAPPA
     S/O HANAMAPPA KUSUGAL
     AGE: 37 YEARS, OCC: AGRICULTURE,
     R/O. GUDENAKATTI,
     TALUK: KUNDAGOL-581113.

4.   RAMAPPA
     S/O HANAMAPPA KUSUGAL
     AGE: ABOUT 34 YEARS,
     OCC: AGRICULTURE,
     R/O:GUDENAKATTI,
     TALUK: KUNDAGOL-581113.
                                           ...APPELLANTS

(BY SRI S.Y. SHIVALLI, ADVOCATE (ABSENT)
                               2




AND:

1.     NEELAPPA
       S/O YELLAPPA HONNIHALLI
       AGE ABOUT 70 YEARS,
       OCC: AGRICULTURE,
       R/O: GUDENAKATTI,
       TALUK: KUNDAGOL-581113.

2.     YELLAPPA NEELAPPA HONNIHALLI
       AGED ABOUT 18 YEARS,
       OCC:AGRICULTURE,
       R/O.GUDENAKATTI,
       TALUK: KUNDAGOL-581113.

3.     FAKIRAPA NEELAPPA HONNIHALLI
       AGED ABOUT 20 YEARS,OCC:NIL,
       R/O: GUDENAKATTI,
       TALUK: KUNDAGOL-581113.
                                         ... RESPONDENTS
(BY SRI V.R. PATIL AND G.N.NARASAMMANAVAR,
ADVOCATE.)


      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 13.09.2002, MADE
IN O.S.NO.188/1994, PASSED BY THE CIVIL JUDGE (JR.DN.),
KUNDAGOL AND SET ASIDE THE JUDGMENT AND DECREE DATED
29.06.2007, MADE IN R.A.NO.240/2002, PASSED BY THE I ADDL.
CIVIL JUDGE (SR.DIVN.), HUBBALLI, ETC.,.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT PASSED THE FOLLOWING:


                          ORDER

There is no representation on behalf of appellants. 3 The captioned appeal is listed in until disposal list. On 02.11.2022, when the matter was called, there was no representation on behalf of appellant. Today also there is no representation on behalf of appellants.

As could be seen from the appeal papers, the appeal is filed in the year 2007. Now we are in the month of November 2022. As already noted above, though matter is called yesterday and today, there is no representation on behalf of appellants. Hence, this Regular Second Appeal is dismissed for non-prosecution.

Sd/-

JUDGE MRK