Karnataka High Court
Yellappa Chennappa Betageri vs Shankar Mallappa Vibhuti on 23 October, 2025
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NC: 2025:KHC-D:14178
RSA No. 5424 of 2009
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 23RD DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO. 5424 OF 2009
BETWEEN:
YELLAPPA CHENNAPPA BETAGERI
AGED ABOUT 59 YEARS, OCC. BAILIFF,
R/A. NAVALGUND,
NOW AT HUBBALLI-580028.
...APPELLANT
(BY SRI. G.R. ANDANIMATH AND SRI. S.S. NIRANJAN, ADVOCATES)
AND:
SHANKAR MALLAPPA VIBHUTI
AGED ABOUT 55 YEARS,
OCC. HONORARY SECRETARY SHAMBHAVI GRIHA NIRMANA
SAHAKARI SANGH NIYAMIT,
HUBBALLI, C/O. BAGARPET,
NEAR ALTAF KITTUR BUILDING, OLD HUBBALLI,
Digitally
HUBBALLI-580028.
YASHAVANT
signed by
YASHAVANT
NARAYANKAR
...RESPONDENT
NARAYANKAR Date:
2025.10.24
14:16:49
(BY SRI. P.L. SATHYMOORTHY AND
+0530
SRI. S.J. KORI, ADVOCATE FOR C/R)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE DATED 29.06.2009
ALLOWING R.A.NO.6/2008 PASSED BY THE LEARNED I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI
AND RESTORE THE JUDGMENT AND DECREE DATED 29.11.2007
DECREEING PARTLY O.S.NO.158/2004 PASSED BY THE LEARNED I
ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) HUBBALLI BY
ALLOWING THIS APPEAL WITH COSTS THROUGHOUT.
THIS APPEAL, COMING ON FOR ARGUMENTS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:14178
RSA No. 5424 of 2009
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C M JOSHI) On a careful perusal of the records, it is evident that none had appeared for the appellant on 06.02.2024, 30.05.2024, 13.06.2024, 04.07.2024, 07.08.2024, 23.08.2024, 06.08.2025, 29.08.2025 and on 16.09.2025. Thus, it is evident that the appellants are not interested in prosecuting the appeal. So also, pursuant to the order dated 06.02.2024, the cost of Rs.2,000/- has not been paid. Hence, the appeal is dismissed for non-prosecution.
SD/-
(C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 35