Deviramma W/O Gurubasappa vs Eshwarappa T S/O Basappa
2022 Latest Caselaw 7402 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 24TH DAY OF MAY, 2022

                             BEFORE

         THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

        REGULAR SECOND APPEAL No.1461/2007 (INJ)

BETWEEN

1.    DEVIRAMMA
      W/O GURUBASAPPA
      AGED ABOUT 55 YEARS

2.    PRAKASH
      S/O GURUBASAPPA
      AGED ABOUT 35 YEARS

BOTH ARE R/O:
DODDERIKATTE VILLAGE
CHANNAGIRI TALUK
DAVANAGERE DISTRICT-577213
                                               ...APPELLANTS
(A1 reported to be dead V/O DATED 24.5.2022,
A2-SERVED, UNREPRESENTED)

AND

ESHWARAPPA T
S/O BASAPPA
AGED ABOUT 62 YEARS
DODDERIKATTE VILLAGE
CHANNAGIRI TALUK
DAVANAGERE DISTRICT-577213
                                               ...RESPONDENT
(BY SRI D.R.BASAVARAJAPPA, ADVOCATE)

      THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 25.01.2007
PASSED IN R.A. NO.193/2005 ON THE FILE OF THE I ADDL.
CIVIL JUDGE (SR.DN.), DAVANGERE, DISMISSING THE APPEAL
                                 2


AND    CONFIRMING     THE     JUDGMENT     AND   DECREE
DATED.09.08.2004 PASSED IN O.S.NO.328/1998 ON THE FILE
OF THE PRL.CIVIL JUDGE (JR.DN.) AND JMFC, CHANNAGIRI.

     THIS REGULAR SECOND APPEAL COMING ON FOR
ORDERS THIS DAY, THIS COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Report of Court notice issued to appellants states

that appellant No.1 is dead and notice to appellant No.2 is

served.

2. Sri D R Basavarajappa, learned counsel submits that

sole respondent is also dead.

3. Despite service of notice, there is no appearance on

behalf of appellants. Steps are also not taken. Hence,

appeal is dismissed for non-prosecution.

Sd/-

JUDGE mv