H Halappa vs Hoovappa
2021 Latest Caselaw 5430 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 3RD DAY OF DECEMBER, 2021

                          BEFORE

        THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                 R.S.A.NO.2849/2010 (PAR)

BETWEEN:

H. HALAPPA,
S/O HUTCHAPPA &
FOSTERED SON OF CHIRLAPPA,
AGED ABOUT 54 YEARS,
OCCU: AGRICULTURIST,
R/O KAPPANAHALLI VILLAGE,
SHIKARIPUR TALUK
SHIVAMOGGA DISTRICT-577 427.                ... APPELLANT

     [BY SRI R.V. JAYAPRAKASH, ADVOCATE (THROUGH VC)]

AND:

1.     HOOVAPPA,
       AGED ABOUT 60 YEARS.

2.     RATHNAKARA NAIDU,
       S/O HOOVAPPA,
       AGED ABOUT 42 YEARS.

3.     BOODYAPPA,
       S/O HOOVAPPA,
       AGED ABOUT 40 YEARS.

4.     JAYAPPA,
       S/O HUTCHAPPA,
       AGED ABOUT 46 YEARS.
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5.   SHEKARAPPA,
     S/O HUTCHAPPA,
     AGED ABOUT 50 YEARS.

     ALL ARE RESIDENTS OF
     KAPPANAHALLI VILLAGE,
     SHIKARIPUR TALUK,
     SHIVAMOGGA DISTRICT-577 427.           ... RESPONDENTS

      [BY SMT. S.NIRMALA, ADVOCATE FOR R-4 AND R-5;
                 R-1 AND R-2 ARE SERVED;
           R-3 - VIDE ORDER DATED 10.04.2012,
                 NOTICE HELD SUFFICIENT]

      THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 09.07.2010
PASSED IN R.A.NO.352/2007 (OLD NO.96/2006) ON THE FILE
OF THE SENIOR CIVIL JUDGE & JMFC, ITINERARY SHIKARIPUR
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 01.07.2006 IN O.S.No.71/1998 ON THE
FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC, SHIKARIPURA.

    THIS R.S.A COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

The learned counsel for the appellant submits that for

want of instructions, he could not file the paper book.

2. Having regard to the peremptory order, dated

26.10.2021, since the paper book has not been filed within

the time granted by this Court on 26.10.2021, this Court

has no other option but to dismiss the appeal for non-

prosecution.

Sd/-

JUDGE

MD