Prabhanna S/O. Kallappa Palled vs Ramachandra Krishtacharya ...
2022 Latest Caselaw 1083 Kant

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 24TH DAY OF JANUARY 2022

                          BEFORE

      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

        REGULAR SECOND APPEAL NO.5635 OF 2012 (S.P.)

BETWEEN

PRABHANNA S/O. KALLAPPA PALLED
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O. JAKKALI, TQ: RON,
GADAG -582101.
                                               ...APPELLANT

AND
1.    RAMACHANDRA KRISHTACHARYA HUILGOL
      OF JAKKALI,
      SINCE DECEASED BY LRS

1A.   JANAKIBAI W/O. RAMACHANDRA HUILGOL,
      AGE: 65 YEARS, OCC: HOUSEHOLD WORK,
      R/O. HARIHAR -577001.

1B.   PRALHAD S/O. RAMACHANDRA HUILGOL
      AGE: 43 YEARS, OCC: SERVICE,
      R/O. HARIHAR -577001.

1C.   HEMA W/O. VAJAYENDRA PUROHIT
      AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
      R/O. HAMPI-583239

1D.   MEENAXI W/O. NARAYANARAO KULKARNI
      AGE: 35 YEARS, OCC: HOUSEHOLD WORK,
      R/O. DHARWAD-580001.

1E.   PRAKASH S/O. ANDANAYYA HIREMATH
      AGE: 42 YEARS, OCC: AGRICULTURE,
      R/O. JAKKALI,
                              2




      NOW AT VIVEKANAND NAGAR,
      HATALGERI ROAD, GADAG- 582101.

1F.   BASAVARAJ S/O. ANDANAYYA HIREMATH
      AGE: 45 YEARS, OCC: AGRICULTURE,
      R/O. JAKKALI,
      NOW AT VIVEKANAND NAGAR,
      HATALGERI ROAD, GADAG -582101.

                                             ...RESPONDENTS

      THIS RSA IS FILED U/S. 100 AND ORDER 42 RULES 1 AND 2
OF C.P.C., AGAINST THE JUDGEMENT & DECREE DTD:23.02.2012
PASSED IN R.A.N0.28/2007 ON THE FILE OF THE SENIOR CIVIL
JUDGE, RON, DISMISSING THE APPEAL FILED AGAINST THE
JUDGMENT DTD:28.06.2007 AND THE DECREE PASSED IN OS
NO.112/2004 ON THE FILE OF THE CIVIL JUDGE (JR.DN.), RON,
STANDS    DISMISSING   THE    SUIT   FILED   FOR   SPECIFIC
PERFORMANCE OF CONTRACT.


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


                        JUDGMENT

Sri. M. C. Bandi, who is counsel on record retired

from the case on 06.01.2022 thereby the appeal was

listed by notifying the appellant. Though counsel on

record has issued a legal notice through RPAD and has

retired from the case, the appellant has not made any

efforts to engage some other lawyer to prosecute the

appeal. Therefore, it appears that the appellant is not

interested in prosecuting the appeal. Accordingly, appeal

is dismissed for non-prosecution.

Sd/-

JUDGE YAN