Sri. Krishna S/O Dyamappa ... vs Sri. Shivappa S/O Kallappa ...
2022 Latest Caselaw 12736 Kant

                             1




     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 2ND DAY OF NOVEMBER, 2022

                          BEFORE

         THE HON'BLE MS. JUSTICE JYOTI MULIMANI

       REGULAR SECOND APPEAL NO.100922 OF 2018

BETWEEN:

SRI KRISHNA
S/O DYAMAPPA KOLLANATTI
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O: ATTIKOLA, DHARWAD.
                                               ...APPELLANT

(BY SRI B.K. MALLIGAWAD, ADVOCATE (ABSENT) )

AND:

1.      SRI SHIVAPPA
        S/O KALLAPPA MUNAVALLI
        AGE: 67 YEARS, OCC: AGRICULTURE,
        R/O: KYARAKOPPA, DHARWAD.

2.      KALLAPPA
        S/O MAHADEVAPPA MUNAVALLI
        AGE: 47 YEARS, OCC: AGRICULTURE,
        R/O: KYARAKOPPA DHARWAD.

3.      SHANKARAPPA
        S/O MAHADEVAPPA MUNAVALLI
        AGE: 45 YEARS, OCC: AGRICULTURE,
        R/O: KYARAOPPA, DHARWAD.

4.      ULAVAPPA
        S/O MAHADEVAPPA MUNAVALLI
        AGE: 47 YEARS, OCC: AGRICULTURE,
        R/O: KYARAOPPA, DHARWAD.
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5.    SMT. ANNAKKA
      W/O YALLAPPA UNAKAL,
      AGE: 40 YEARS, OCC: HOUSE WIFE,
      R/O: KYARAOPPA, DHARWAD.

6.    SMT. MAHADEVI
      W/O CHANNAMALLAPPA
      AGE: 39 YEARS, OCC: HOUSE WIFE,
      R/O: KYARAOPPA, DHARWAD.
                                                   ... RESPONDENTS

      THIS REGULAR SECOND APPEAL IS FILED UNDER ORDER
XLII RULE 1 READ WITH SECTION 100 OF CPC, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 10.04.2017 IN
O.S.NO.627/2010 PASED BY THE II ADDL. JUNIOR CIVIL JUDGE,
DHARWAD AND SET ASIDE THE JUDGMENT AND DECREE DATED
26.02.2018 PASSED IN R.A.NO.84/2017 PASSED BY THE III
ADDL. SENIOR CIVIL JUDGE, DHARWAD ETC.,

      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 30.11.2018. 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