Kumbar Basappa S/O Late Kumbara ... vs Hanumanthappa S/O Moogappa
2022 Latest Caselaw 12737 Kant

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     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.100933 OF 2018

BETWEEN:

1.      KUMBAR BASAPPA
        S/O LATE KUMBARA NAGAPPA,
        AGED ABOUT 67 YEARS,
        OCC:AGRICULTURE,
        R/O HARAKABHAVI VILLAGE,
        TQ:KUDLIGI, DIST:BALLARI - 583 101.

KUMBAR HANUMANTHAPPA
SINCE DECEASED BY HIS LRS.

2.      KHEMANNA
        S/O K.HANUMANTHAPPA,
        AGED ABOUT 32 YEARS,
        OCC:AGRICULTURE,
        R/O KODALU VILLAGE,
        POST:SIKANTHAPUR,
        TQ:SANDUR, DIST:BALLARI - 583 101.

3.      K.MURARI
        S/O K.HANUMANTHAPPA,
        AGED ABOUT 29 YEARS,
        OCC:AGRICULTURE,
        R/O KODALU VILLAGE, POST:SIKANTHAPUR,
        TQ:SANDUR, DIST:BALLARI - 583 101.

4.      K. NAGARAJA
        S/O K.HANUMANTHAPPA,
        AGED ABOUT 27 YEARS,
        OCC:AGRICULTURE,
        R/O KODALU VILLAGE,
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       POST:SIKANTHAPUR,
       TQ:SANDUR,
       DIST:BALLARI - 583 101.

5.     KUMBAR THIPPESWAMY
       S/O LATE KUMBARA NAGAPPA,
       AGED ABOUT 63 YEARS,
       OCC:AGRICULTURE,
       R/O IMADAPURA VILLAGE,
       TQ:KUDLIGI, DIST:BALLARI - 583 101.

KUMBAR MAREPPA,
SINCE DECEASED BY HIS LRs.

6.     SMT.RATHNAMMA,
       W/O KUMBARA MAREPPA,
       AGED ABOUT 47 YEARS,
       OCC:AGRICULTURE,
       R/O HARAKABHAVI VILLAGE,
       TQ:KUDLIGI, DIST:BALLARI - 583 101.
                                             ...APPELLANTS

[BY SRI A.S.PATIL, ADVOCATE (ABSENT)]

AND:

HANUMANTHAPPA
S/O MOOGAPPA,
AGED ABOUT 62 YEARS,
OCC:AGRICULTURE,
R/O HIREKEREYANGINAHALLI VILLAGE,
TQ:SANDUR, DIST:BALLARI - 583 101.           ... RESPONDENT

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, SET ASIDE THE JUDGMENT AND DECREE DATED
12.10.2018 PASSED BY THE COURT OF SENIOR CIVIL JUDGE
AND JMFC, KUDLIGI IN R.A.NO.15/2016 AND CONFIRMING THE
JUDGMENT AND DECREE DATED 29.01.2016 PASSED BY THE
CIVIL JUDGE AND JMFC, SANDUR IN O.S.NO.41/2012.

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

Though matter called twice, there is no representation on

behalf of appellants.

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 04.12.2018. 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 appellants have 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 appellants. Hence, the Regular

Second Appeal is dismissed for non-compliance of office

objections and also for non-prosecution.

Sd/-

JUDGE

TKN