Smt.Basavva D/O Channabasayya ... vs Chanabasayya S/O Basavenayya
2022 Latest Caselaw 12735 Kant

                            1




     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 02ND DAY OF NOVEMBER, 2022

                         BEFORE

         THE HON'BLE MS. JUSTICE JYOTI MULIMANI

 REGULAR SECOND APPEAL NO.100986 OF 2018 (PAR)

BETWEEN:

SMT.BASAVVA
D/O CHANNABASAYYA NEELAGUND,
AGED ABOUT 23 YEARS,
OCC:HOUSEHOLD WORK,
R/O KELAGERI, TQ:DHARWAD,
DIST:DHARWAD - 580 007.                   ...APPELLANT

[BY SRI PRAKASH ANDANIMATH, ADVOCATE (ABSENT)]

AND:

1.      CHANABASAYYA
        S/O BASAVENAYYA @ BASEVENAPPA NEELGUND,
        AGE:59 YEARS, OCC:AGRICULTURE,
        R/O BOGENAGARKOPPA,
        TQ:KALAGHATAGI, DIST:DHARWAD.

SMT.BIBIJAN
W/O MOHAMMADALI @ MAHAMMAD SAB SANNAMANI
SINCE DECEASED BY HER LRs.

2.      MOHAMMADALI @ MOHAMMAD SAB
        S/O RUSTUMSAB SANNAMANI,
        AGED ABOUT 50 YEARS,
        OCC:SERVICE.

3.      RUSTUMSAB
        S/O MOHAMMADALI SANNAMANI,
        AGED ABOUT 22 YEARS,
        OCC:STUDENT.
                                  2




4.    ABDUL AJIJ
      S/O MOHAMMADALI SANNAMANI,
      AGED ABOUT 22 YEARS, OCC:STUDENT.

5.    IRSHAD
      S/O MOHAMMADALI SANNAMANI,
      AGED ABOUT 20 YEARS, OCC:STUDENT,
      ALL ARE R/O BOGENAGARAKOPPA,
      TQ:KALAGHATAGI, DIST:DHARWAD.
                                     ... RESPONDENTS

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, SET ASIDE THE JUDGMENT AND DECREE DATED
30.07.2018 PASSED BY THE COURT OF SENIOR CIVIL JUDGE
AND JMFC, KALAGHATAGI IN R.A.NO.10/2018 AND THE
JUDGMENT AND DECREE DATED 31.01.2018 PASSED BY THE
CIVIL JUDGE AND JMFC, KALAGHATAGI IN O.S.NO.61/2012.

      THIS REGULAR SECOND APPEAL POSTED FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

Though matter called twice, there is no representation on

behalf of appellant.

The appeal is listed today for orders regarding non-

compliance of office objections for fourth time.

As could be seen from the appeal papers, the appeal is

filed on 19.12.2018. Now we are in the month of November

2022. It's almost four years, so far office objections are not

complied with.

It appears that the appellant has not instructed the counsel

on record to comply office objections.

As already noted above, though matter called twice, there

is no representation on behalf of appellant. Hence, the Regular

Second Appeal is dismissed for non-compliance of office

objections and also for non-prosecution.

Sd/-

JUDGE

TKN