Sangappa S/O Bhimappa Myageri vs Yallawwa And Ors
2022 Latest Caselaw 4042 Kant

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          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.200428/2019

Between:

Sangappa S/o Bhimappa Myageri,
Age: 63 years, Occ: Coolie,
R/o Vandal, Tq: Basavanna-Bagewadi,
Dist: Vijaypur.
                                              ... Appellant

(By Smt. Hema L. Kulkarni &
 Sri Anant P. Savadi, Advocates)

And:

1.     Yallawwa D/o Bhimappa Myageri,
       Age: 74 Years, Occ: Household,
       R/o Vandal, Tq: Basavanna-Bagewadi,
       Dist: Vijaypur.

2.     Devakkawwa W/o Kallappa Hadimani,
       Age: 49 years, Occ: Household,
       R/o Vandal, Tq: Basavanna -Bagewadi,
       Dist: Vijaypur.

3.     Sumangala W/o Basappa Chalawadi,
       Age: 44 Years, Occ: Household,
       R/o Vandal,
       Tq: Basavanna-Bagewadi,
                               2




      Dist: Vijaypur.

4.    Shushilabai D/o Bandeppa Myageri,
      Age: 41 Years, Occ: Household,
      R/o Vandal,
      Tq: Basavanna-Bagewadi,
      Dist: Vijaypur.

5.    Lakkawwa W/o Bandeppa Myageri,
      Age: 41 Years, Occ: Household,
      R/o Vandal,
      Tq: Basavanna-Bagewadi,
      Dist: Vijaypur.

6.    Yallawwa D/o Bhimappa Myageri,
      Age: 74 Years, Occ: Household,
      R/o Vandal,
      Tq: Basavanna-Bagewadi,
      Dist: Vijaypur.
                                           ... Respondents

      This Regular Second Appeal is filed under Section
100, Order 42 Rule 1 read with Section 151 of CPC,
praying to call for records from the lower Court and set
aside the judgment and decree passed in O.S.No.98/2011,
passed by the Civil Judge (Jr., Dn.,) Basavanabagewadi
dated 27th day of September 2013 and set aside the
judgment and decree         passed   by Senior   Civil   Judge
Basavanabagewadi in R.A.No.28/2013, to meet the ends of
justice.


      This appeal coming on for Orders, this day, the Court
delivered the following:-
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                         JUDGMENT

Learned counsel for the appellant, in the

morning session, sought for pass over of the case for

compliance of office objections. Hence, the matter

was passed over. When the matter is called in the

afternoon session, none appears for the appellant.

2. This appeal is filed on 18.12.2019. The

matter was listed before the Court on 08.02.2021.

Two weeks time was granted for compliance of office

objections. Again matter was listed on 04.10.2021.

Finally, four weeks time was granted for compliance of

office objections, failing which, the appeal was

ordered to be listed for dismissal. Matter was again

listed on 15.11.2021, on which date, one week time

was granted for compliance. Again on 21.12.2021,

when the matter was listed, one week time was

granted for compliance subject to payment of costs of

Rs.200/-.

3. Today, matter is listed for non-compliance of

office objections for the 4th time. Inspite of granting

sufficient opportunities, learned counsel for the

appellant has not complied with the office objections.

Even today there is no representation on behalf of the

appellant and it is forthcoming from the records that

the learned counsel for the appellant has not paid

costs. Though the appeal is of the year 2019, it

seems that the appellant is not interested in

prosecuting the appeal. Hence, the appeal is

dismissed for non compliance of office objections.

SD/-

JUDGE NB*