Basalingappa Since Dead By His Lrs vs Shivasharanappa
2022 Latest Caselaw 11053 Kant

            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

        DATED THIS THE 28TH DAY OF SEPTEMBER 2021

                         BEFORE

         THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

                RSA NO 2384 OF 2007

BETWEEN

SMT CHENNAMMA
W/O BASALINGAPPA

SINCE DEAD BY HER LRS

I) ANAND S/O.VISHWANATH KALNOOR
   AGE : 38 YEARS
   R/O.MARTHUR, TQ. CHITTAPUR
   DIST : KALABURAGI

II) SHIVARAJ S/O.CHITRASHEKAR PATIL
    AGE : 36 YEARS, OCC : AGRICULTURE
    R/O.KANCHANAL, TQ. CHINCHOLI
    DIST. KALABURAGI
                                     ... APPELLANTS

(By Smt NEEVA M CHIMKOD, ADV. )

AND :

1 . SHIVASHARANAPPA
S/O BASAVANNAPPA DANDAP GOL
MAJOR
R/AT RAJAPUR TALUK
GULBARGA DISTRICT 585 104
                         2




SIDDAMMA
SINCE DEAD BY HER LRS

2. MALLINATH
S/O BASAVANAPPA
MAJOR, TEACHER,
R/AT RAJAPURA TALUK
GULBARGA DISTRICT,

3 . CHANDRAKANTH
S/O BASAVANNAPPA
MAJOR,
BILL COLLECTOR
R/AT RAJAPURA TALUK
GULBARGA DISTRICT,

4 . REVENUE
S/O BASAVANNAPPA
MAJOR,
R/AT RAJAPURA TALUK
GULBARGA DISTRICT,

5 . SHIVANAND
S/O BASAVANNAPPA
MAJOR,
R/AT RAJAPURA TALUK
GULBARGA DISTRICT,

6 . SHIVASHARANAPPA
S/O BASAVANNAPPA
MAJOR,
R/AT RAJAPURA TALUK
GULBARGA DISTRICT,
                             3



7 . IRAMMA
W/O VISHWANATH
MAJOR,
R/AT RAJAPURA TALUK
GULBARGA DISTRICT,

8 . SMT SHARADA BAI
W/O CHITHRA SHEKAR
MAJOR,
R/AT RAJAPURA TALUK
GULBARGA DISTRICT,

9 . THE STATE OF KARNATAKA
REPRESENTED BY THE DEPUTY COMMISSIONER,
GULBARGA DISTRICT,GULBARGA 585 103
                              .... RESPONDENTS

(By Sri SHIVANAND PATIL - ADV. FOR R1,R3, R4 & R6
    VK FILED ONLY FOR R1;
   SRI SANJAY KULKARNI - ADV. FOR R1, R3, R4 & R6;
    GOVT. ADVOCATE FOR R9;
    V/O. DT 5.3.2009 SERVICE OF NOTICE TO R2
    IS HELD SUFFICIENT; R5, R7 & R8 - SERVED)
                           -------
    RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT AND
DECREE DTD 11.7.07 PASSED IN R.A.NO 138/06 ON THE FILE OF
THE I ADDL. CIVIL JUDGE,SR.DN., GULBARGA ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD
27.6.06 PASSED IN OS 599/90 ON THE FILE OF THE I ADDL.
CIVIL JUDGE, JR.DN., GULBARGA.

    THIS APPEAL COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                 4



                       JUDGMENT

From the perusal of the order sheet it discloses that the

learned counsel for the appellants was absent continuously.

Today case was called out thrice. There is no representation for

the appellants. It seems that the appellants are not interested in

prosecuting the appeal. Hence, the appeal is dismissed for non-

prosecution.

SD/-

JUDGE

rs