Citation : 2022 Latest Caselaw 4040 Kant
Judgement Date : 9 March, 2022
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
RSA No.200106/2020
Between:
Smt. Dasharatavva
W/o Vithal Harijan,
Since deceased by her
legal representatives.
1. Vithal S/o Tammanna Harijan,
Age: 84 Years, Occ: Agriculture,
R/o: Mamadapur, MCRP Mamadapur,
Tal: Dist: Vijayapur.
2. Shivappa S/o Vithal Harijan,
Age: 62 Years, Occ: Agriculture,
R/o: Mamadapur, MCRP Mamadapur,
Tal: Dist: Vijayapur.
3. Nandeppa S/o Vithal Harijan,
Age: 52 Years, Occ: Agriculture,
R/o: Mamadapur, MCRP Mamadapur,
Tal: Dist: Vijayapur.
4. Tammanna S/o Vithal Harijan,
Age: 49 Years, Occ: Agriculture,
R/o: Mamadapur, MCRP Mamadapur,
Tal: Dist: Vijayapur.
2
5. Bhimappa S/o Vithal Harijan,
Age: 48 Years, Occ: Agriculture,
R/o Mamadapur, MCRP Mamadapur,
Tal: Dist: Vijayapur.
6. Ashok S/o Vithal Harijan,
Age: 47 Years, Occ: Agriculture,
R/o Mamadapur, MCRP Mamadapur,
Tal: Dist: Vijayapur.
7. Chidanand S/o Vithal Harijan,
Age: 45 Years, Occ: Agriculture,
R/o Mamadapur, MCRP Mamadapur,
Tal: Dist: Vijayapur.
8. Prakash S/o Vithal Harijan,
Age: 44 Years, Occ: Agriculture,
R/o Mamadapur, MCRP Mamadapur,
Tal: Dist: Vijayapur.
9. Smt. Basavva
W/o Shankrappa Halladakeri,
Age: 56 Years, Occ: Household Work,
R/o Mamadapur, MCRP Mamadapur,
Tal: Dist: Vijayapur.
10. Smt. Saravva
W/o Kusappa Siddapur,
Age: 55 Years,
Occ: Household Work,
R/o Mamadapur,
MCRP Mamadapur,
Tal: Dist: Vijayapur.
11. Smt. Satyavva
W/o Chinnappa Jumanal,
Age: 46 Years,
Occ: Household Work,
R/o Mamadapur,
3
MCRP Mamadapur,
Tal: Dist: Vijayapur.
... Appellants
(By Sri Ravindra Reddy &
Sri S.B. Hebballi, Advocates)
And:
1. Dundappa
S/o Yallappa Halladakeri,
Age: 81 Years, Occ: Agriculture,
R/o: Mamadapur, Tal: Vijayapur,
Dist: Vijayapur.
2. Arjun
S/o Yellappa Halladakeri,
Age: 77 Years, Occ: Agriculture,
R/o. Shikarakhana Galli,
Near Milk Dairy Vijayapur.
... Respondents
This Regular Second Appeal is filed under Section
100 of Code of Civil Procedure praying to set aside the
judgment and decree dated 12.09.2013 passed in
R.A.No.42/2010 on the file of I-Additional District Judge,
Vijayapur, allowing the appeal by reversing the judgment
and decree dated 19.02.2010 in O.S.No.115/2006 on the
file of the Principal Civil Judge (Sr.Dn.) Vijayapur and
restore the judgment and decree of the trial Court, in the
interest of justice.
This appeal coming on for Orders, this day, the Court
delivered the following:-
4
JUDGMENT
This appeal is filed on 13.03.2020. The matter
was listed before the Court on 06.09.2021. Two
weeks time was granted for compliance of office
objections. Again matter was listed on 10.11.2021.
One week time was granted to do the needful. When
the matter was listed on 18.12.2021, one week time
was granted for compliance of office objections
subject to payment of cost of Rs.200/-.
2. Today, matter is listed for non-compliance of
office objections for the 4th time. Inspite of granting
sufficient opportunities, learned counsel for the
appellants has not complied with the office objections
and it is forthcoming from the records that the learned
counsel for the appellants has not paid cost. Even
today there is no representation on behalf of the
appellants. Though the appeal is of the year 2020, it
seems that the appellants are not interested in
prosecuting the appeal. Hence, the appeal is
dismissed for non compliance of office objections.
Sd/-
JUDGE NB*
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