Smt. Satyawwa W/O. Bhimarao ... vs Shri. Yuvaraj S/O. Bhimappa ...
2022 Latest Caselaw 12739 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.100914 OF 2018 (SP)

BETWEEN:

SMT.SATYAWWA
W/O BHIMARAO HULENNAVAR
SINCE DECEASED BY HER LRs.

1A.   SHRI. BHIMARAO
      S/O NINGAPPA HULENNAVAR,
      AGE:80 YEARS,
      OCC:RTD. GOVT. SERVANT,
      R/O PLOT NO.48, SECTOR NO.6,
      R.C.HOUSING SOCIETY,
      SHREE NAGAR, BELAGAVI - 16.

1B.   SHRI.SUBHASHCHANDRA
      S/O BHIMARAO HULENNAVAR,
      AGE:43 YEARS, OCC:BUSINESS,
      R/O PLOT NO.48, SECTOR NO.6,
      R.C.HOUSING SOCIETY,
      SHREE NAGAR, BELAGAVI - 16.

1C.   SMT.NANDA
      W/O SUBHASH HOSAMANI,
      AGE:48 YEARS,
      OCC:HOUSEHOLD WORKS,
      R/O TUMARIKOPPA,
      TAL:KHALAGATAGI,
      DIST:DHARWAD.

1D.   SMT.BHARATI
      W/O ASHOK KENGARE,
      AGE:40 YEARS,
                              2




       OCC:HOUSEHOLD WORKS,
       R/O MADIKERI SAINIK SCHOOL,
       MADIKERI, DIST:KODAGU.              ...APPELLANTS

[BY SRI R.C.INGALAGI, ADVOCATE (ABSENT)]

AND:

SHRI YUVARAJ
S/O BHIMAPPA NANDANA,
SINCE DECEASED THROUGH HIS LRs.

1A.    SMT.MAHINABAI
       W/O YUVARAJ NANDANA,
       AGE:68 YEARS, OCC: HOUSEHOLD WORKS,
       R/O: H.NO.52, SFS-208, SECTOR,
       NEAR TOWN YALAHANKA BENGALURU,
       TOWER NEAR MADHURA BANK, BENGALURU.

1B.    SHRI ASHOK S/O. YUVARAJ NANDANA
       AGE: 51 YEARS, OCC: SERIVCE,
       R/O: H.NO.52, SFS-208, SECTOR,
       NEAR TOWN YALAHANKA BENGALURU,
       TOWER NEAR MADHURA BANK, BENGALURU.

1C.    SHRI.DEEPAK
       S/O YUVARAJ NANDANA,
       AGE:51 YEARS, OCC:SERVICE,
       R/O: H.NO.52, SFS-208, SECTOR,
       NEAR TOWN YALAHANKA BENGALURU,
       TOWER NEAR MADHURA BANK, BENGALURU.

1D.    SHRI.ANAND
       S/O YUVARAJ NANDANA
       AGE:48 YEARS, OCC:SERVICE,
       R/O: H.NO.52, SFS-208, SECTOR,
       NEAR TOWN YALAHANKA BENGALURU,
       TOWER NEAR MADHURA BANK, BENGALURU.

1E.    KUMARI YASHODA
       D/O YUVARAJ NANDANA,
       AGED: 46 YEARS, OCC:SERVICE,
       R/O: H.NO.52, SFS-208, SECTOR,
                                  3




      NEAR TOWN YALAHANKA BENGALURU,
      TOWER NEAR MADHURA BANK, BENGALURU.

1F.   KUMARI VIDYA
      D/O YUVARAJ NANDANA
      AGE:43 YEARS, OCC:SERVICE,
      R/O: H.NO.52, SFS-208, SECTOR,
      NEAR TOWN YALAHANKA BENGALURU,
      TOWER NEAR MADHURA BANK, BENGALURU.

2.    SMT.RENUKA
      W/O SIDDAPPA PUJERI,
      AGE:58 YEARS, OCC:HOUSEHOLD WORKS,
      R/O KHB COLONY, HIG-57,
      DN KOPPA DHARWAD,
      TAL AND DIST: DHARWAD.        ... RESPONDENTS

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, SET ASIDE THE JUDGMENT AND DECREE DATED
26.07.2018 PASSED BY THE COURT OF VI ADDL. DISTRICT
JUDGE, BELAGAVI IN R.A.NO.272/2013 AND THE JUDGMENT AND
DECREE DATED 17.07.2012 PASSED BY THE IST ADDL. SENIOR
CIVIL, BELAGAVI IN O.S.NO.313/2006.

      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 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 28.11.2018. 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 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