Mallappa S/O Neelappa Dabanavar vs Snnasiddappa S/O Siddappa ...
2022 Latest Caselaw 3051 Kant

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 22ND DAY OF FEBRUARY 2022

                          BEFORE

      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

       REGULAR SECOND APPEAL NO.100743 OF 2014 (PAR)

BETWEEN
MALLAPPA S/O NEELAPPA DABANAVAR
AGE 62 YEARS, OCC:AGRICULTURE
R/O : NAJIK LAKAMAPUR,
TQ AND DIST HAVERI-581118
                                                  ...APPELLANT
(APPELLANT - ABSENT)

AND
1.    SANNASIDDAPPA S/O SIDDAPPA BADUNNAVAR
      AGE: 62 YEARS, OCC: AGRICULTURE
      R/O. NAJIK LAKAMAPUR,
      TQ AND DIST HAVERI-581118

2.    SMT. YALLAVVA W/O GUDDAPPA HEBBAL
      AGE 52 YEAWRS, OCC: HOUSEHOLD
      WORK, R/O : UPPANASHI,
      TQ: HANGAL, DIST: HAVERI - 581118

3.    SMT. FAKKIRAVVA
      W/O NINGAPPA MARIYAPPANVAR
      DECEASED (RESPONDENT NO.2 IS SHOWN AS
      LEGAL REPRESENTATIVE OF RESPONDENT NO.3)

                                                 ...RESPONDENT
(BY SRI. DINESH M KULKARNI, ADVOCATE FOR R1)

      THIS RSA IS FILED U/S.100 OF CPC, PRAYING TO SET ASIDE
THE   JUDGEMENT    &   DECREE   DTD:30.08.2013    PASSED   IN
R.A.NO.9/2007 BY THE SENIOR CIVIL JUDGE, HANGAL, AND
                                2




RESTORE THE JUDGMENT AND DECREE DTD:11.04.2007 AND THE
DECREE PASSED IN O.S.NO.67/2001 BY THE CIVIL JUDGE (JR.DN)
HANGAL.


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


                            JUDGMENT

Even though the counsel for appellant has issued a

legal notice has issued notice to the appellant and retired

from the case, the appellant has not made any

arrangements. The appellant has not taken steps to

engage a counsel. The name of the appellant is printed in

the cause list and he is notified. It appears that the

appellant is not interested in prosecuting the appeal and

hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE YAN