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Smt.Dasharatavva By Lrs vs Dundappa And Anr
2022 Latest Caselaw 4040 Kant

Citation : 2022 Latest Caselaw 4040 Kant
Judgement Date : 9 March, 2022

Karnataka High Court
Smt.Dasharatavva By Lrs vs Dundappa And Anr on 9 March, 2022
Bench: Ashok S. Kinagi
                              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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