Abdulrajak S/O Khadirsab Walikar ... vs Renukabai W/O Pnadurangrao ...
2021 Latest Caselaw 3480 Kant

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

     DATED THIS THE 22ND DAY OF OCTOBER, 2021

                      BEFORE

       THE HON'BLE MR.JUSTICE M.G.S.KAMAL

               RSA No.200316/2016


BETWEEN

1.    ABDULRAJAK S/O KHADIRSAB WALIKAR
      AGE:42 YEARS, OCC:PRIVATE SERVICE
      R/O:AKKAMAHADEVI ROAD, VIJAYAPUR
      DIST:VIJAYAPUR

2.    AJIJ S/O. KHADIRSAB WALIKAR
      AGE:28 YEARS, OCC: STUDENT & BUSINESS
      R/O:AKKAMAHADEVI ROAD, VIJAYAPUR
      DIST:VIJAYAPUR
                                      ...APPELLANTS

(V/O DTD 04.11.2020, NOTICE SERVED)

AND

1.    RENUKABAI W/O PNADURANGRAO JADHAV
      AGE:70 YEARS, OCC:HOUSEHOLD WORK
      R/O. AKKAMAHADEVI ROAD, VIJAYAPUR
      DIST:VIJAYAPUR

2.    BABALU S/O. PANDURANGRAO JADHAV
      AGE:45 YEARS, OCC:CONTRACT WORK
      R/O:AKKAMAHADEVI ROAD, VIJAYAPUR
                              2




      DIST:VIJAYAPUR
                                          ...RESPONDENTS

(SERVED)


    THIS RSA IS FILED U/S. 100 OF THE CPC, PRAYING TO
ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT
AND DECREE DATED 31.08.2016 PASSED IN R.A. NO.
54/2015, BY THE II ADDL. SENIOR CIVIL JUDGE,
VIJAYPUR, AND CONSEQUENTLY RESTORE THE JUDGMENT
AND DECREE DATED 04.07.2015 PASSED IN O.S. NO.
518/2011 BY THE PRL. CIVIL JUDGE AT VIJAYAPURA.

     THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-

                        JUDGMENT

This Court by order dated 04.11.2020 had issued

notice to the appellant in view of the counsel for the

appellants having been elevated as a Judge of this Court.

The said notice has been duly served personally on

appellants through Court bailiff of Principal District and

Sessions Judge at Vijayapur on 07.01.2021. The service of

notice on the appellants is held sufficient. Despite service

of notice, the appellants have not taken any steps to

prosecute the appeal.

Sri Ajaykumar A. K., learned counsel submits that he

has no instructions in the matter. Under the

circumstances, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

Srt