Karnataka High Court
Satyawan S/O Hullajirao vs Janardhanrao S/O Sopanrao on 1 July, 2024
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NC: 2024:KHC-K:4420
RSA No. 200175 of 2015
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
REGULAR SECOND APPEAL NO.200175 OF 2015 (SSP)
BETWEEN:
SATYAWAN S/O HULLAJIRAO,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O. BADALGAON VILLAGE,
TQ. AURAD-B, DIST. BIDAR.
...APPELLANT
(BY SRI MOGHA SUDHAKAR RAO, ADVOCATE)
AND:
JANARDHANRAO S/O SOPANARAO,
AGE: MAJOR OCC: AGRICULTURE,
R/O. BADALGAON VILLAGE,
Digitally signed
by SWETA TQ. AURAD-B, DIST. BIDAR.
KULKARNI
Location: High
Court of ...RESPONDENT
Karnataka
THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO CALL
FOR RECORD AND FURTHER PLEASE TO DECREE THE SUIT OF
THE PLAINTIFF PASSED BY THE CIVIL JUDGE AND JMFC
AURAD-B DATED 26.08.2013 IN O.S. NO.23/2011 AND
CONSEQUENTLY PLEASE TO SET-ASIDE JUDGMENT AND
DECREE PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND CJM
BIDAR ITINERARY AT AURAD-B COURT IN R.A. NO.47/2013
DATED 16.02.2015 AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:4420
RSA No. 200175 of 2015
JUDGMENT
This Court on 13.07.2017 recalled the order dated 13.11.2015 and restored the appeal subject to the payment of cost of Rs.1,000/- payable to the Advocates Library Fund.
2. Since 02.11.2017 no cost has been paid, in spite of several opportunities provided to the appellant as is evident from the order sheet, today i.e., 01.07.2024 there is no representation on behalf of the appellant as well. It appears that the appellant is not interested in prosecuting the appeal.
3. The order passed by this Court on 13.07.2017 is not conditional, which reads as under:
"Heard learned counsel for the appellant's. Being satisfied with the cause shown, order dated 13.11.2015, is recalled by condoning the delay of 485 days in filing the said application, subject to cost of Rs.1,000/- payable to Advocate's Library Fund, High Court of Karnataka, Kalaburagi Bench, Kalaburagi, within a week's time."-3-
NC: 2024:KHC-K:4420 RSA No. 200175 of 2015
4. In light of the same, order dated 13.07.2017 is recalled and order of dismissal dated 13.11.2015 is restored.
Sd/-
JUDGE AT List No.: 1 Sl No.: 12 CT: VD