Mahadevappa S/O Puttappa Harihar vs Pandappa Basappa Harihar
2022 Latest Caselaw 2671 Kant

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 17TH DAY OF FEBRUARY 2022

                           BEFORE

      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                 RSA.NO.5619/2012 (DEC/INJ)
BETWEEN

1.   MAHADEVAPPA S/O PUTTAPPA HARIHAR
     AGE: 76 YRS, OCC: AGRIL.,
     R/O RANEBENNUR, TQ: RANEBENNUR,
     DIST: HAVERI

2.   PANDURANGAPPA S/O PUTTAPPA HARIHAR,
     AGE: 63 YRS, OCC: RETIRED,
     R/O RANEBENNUR-581115,TQ: RANEBENNUR,
     DIST: HAVERI

3.   SAKKUBAI W/O SANKAPPA CHURI
     AGE: 55 YRS, OCC: HOUSEHOLDWORK,
     R/O KANNYALAGASAI ONI, BETAGERI
     TQ: and DIST: GADAG

4.   SARASWATIBAI W/O NAGAPPA KUDARI
     AGE: 51 YRS, OCC: HOUSEHOLDWORK,
     R/O SANTE SHIGLI-582120,TQ: SHIRAHATTI,
     DIST: GADAG.

5.   RADHAWWA W/O SHIVARUDRAPPA KUDARI
     AGE: 49 YRS, OCC: HOUSEHOLDWORK,
     R/O NEKAR COLONY, OPP: TILES FACTORY,
     RANEBENNUR-581115

                                               ... APPELLANTS
(BY SRI.PRAKASH ANGADI, ADV. (ABSENT)
APPELALNT NO.2 (ABSENT))
                              2




AND

1.    PANDAPPA BASAPPA HARIHAR
      AGE: 61 YRS, OCC: RETIRED,
      R/O BEERADEVAR ONI, RANEBENNUR581115, TQ:
      RANEBENNUR, DIST: HAVERI

2.    KARIYAPPA BASAPPA HARIHAR,
      DECEASED BY HIS LR
      A) CHANNAWWA W/O KARIYAPPA HARIHAR,AGE: 48 YRS,
      OCC: HOUSEHOLD WORK, R/O BEERADEVAR ONI,
      RANEBENNUR581115, TQ: RANEBENNUR, DIST: HAVERI

3.    VEERANNA BASAPPA HARIHAR
      AGE: 50 YARS, OCC: PRIVATE SERVICE,
      NEAR BEERADEVAR TEMPLE ROAD, KURABAGERI,
      RANEBENNUR-581115TQ: RANEBENNUR, DIST: HAVERI

4.    BASAVARAJ BASAPPA HARIHAR
      AGE: 43 YARS, OCC: COOLIE,
      NEAR BEERADEVAR TEMPLE ROAD, KURABAGERI,
      RANEBENNUR-581115TQ: RANEBENNUR, DIST: HAVERI

                                            ... RESPONDENTS

(APPEAL AGAINST R1 DISMISSED AS ABATED)

      THIS APPEAL IS FILED UNDER SECTION 100 OF CPC SEEKING
TO SET ASIDE THE COMMON JUDGMENT AND DECREE DATED
02.01.2012 IN R.A.NO.27/2008 PASSED BY THE COURT OF THE
ADDITIONAL SENIOR CIVIL JUDGE, RENEBENNUR CONFIRMING THE
COMMON JUDGMENT AND DECREE DATED 11.01.2008 IN
O.S.NO.1/2000 PASSED BY THE COURT OF THE ADDITIONAL CIVIL
JUDGE (JR.DN.) AND II ADDITIONAL JMFC, RANEBENNUR AND
DISMISS O.S.NO.1/2000.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                 3




                           JUDGMENT

There is no representation for the appellants.

Perused the order sheet. On 08.02.2022, the learned

counsel for appellant No.2 has retired from the case.

Today also, when the matter is called, there is no

representation for the appellants. No arrangements have

been made to engage some other counsel. It appears that

appellants are not interested in prosecuting the appeal.

Hence, the appeal is dismissed for non-prosecution.

SD/-

JUDGE MBS/-