Sri Bhawarlal vs Mr Ganti Hanumanthappa
2022 Latest Caselaw 12795 Kant

                             1




             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

        DATED THIS THE 03RD DAY OF NOVEMBER, 2022

                          BEFORE

          THE HON'BLE MS. JUSTICE JYOTI MULIMANI

   REGULAR SECOND APPEAL NO.1802 OF 2007 (MON)

BETWEEN:

SRI BHAWARLAL S/O SOGALAL
AGED ABOUT 61 YEARS,
PRO: M/S SHA SOGALAL HASTIMAL,
MAIN BAZAR, HOSAPETE-583 201,
BALLARI DIST. (KARNATAKA)
                                              ...APPELLANT
(BY SRI L.M.SHEELVANT, ADVOCATE (ABSENT))

AND:

MR. GANTI HANUMANTHAPPA
S/O DHYAMAPPA MAJOR,
DECEASED BY HIS LEGAL HEIRS,

1(A). SMT. GHANTI HANUMAVVA
      W/O GHANTI HANUMANTAPPA
      AGE: 64 YEARS, OCC: HOUSEHOLD,
      R/O: NAGENAHALLI ROAD,
      ANANTASHAYANGUDI
      HOSAPETE, DIST: BALLARI.

1(B)   GHANTI RAMESH @ BABU
       S/O GHANTI HANUMANTAPPA
       AGE: 36 YEARS, OCC: AGRICULTURIST,
       R/O: NAGENAHALLI ROAD,
       ANANTASHAYANGUDI
       HOSAPETE, DIST: BALLARI.

1(C)   GHANTI YALLALINGA
       S/O GHANTI HANUMANTAPPA
                              2




     AGE: 31 YEARS, OCC: AGRICULTURIST,
     R/O: NAGENAHALLI ROAD,
     ANANTASHAYANGUDI
     HOSAPETE, DIST: BALLARI.

1(D) GANTI SIDDARAMESHWAR @ SIDRAMA
     S/O GHANTI HANUMANTAPPA,
     AGE: 29 YEARS, OCC: AGRICULTURIST,
     R/O: NAGENAHALLI ROAD,
     ANANTASHAYANGUDI
     HOSAPETE, DIST: BALLARI.
                                          ... RESPONDENTS
(BY SRI V.P.KULKARNI, ADVOCATE, FOR R1A, R1B AND R1D;
R1(C) - NOTICE SERVED.)

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 10.03.2006, PASSED
BY THE DISTRICT AND SESSION JUDGE, FAST TRACK COURT
NO.III, HOSPETE, AND UPHOLD THE JUDGMENT AND DECREE
PASSED BY THE PRL. CIVIL JUDGE (SR.DN.) AND J.M.F.C.,
HOSAPETE, DATED 24.08.2004 AND ORDER THE PAYMENT OF
THE SUM OF RS.55,040-00 ALONG WITH INTEREST @ 2% PER
MONTH CALCULABLE FROM THE DATE OF INSTITUTION OF THE
SUIT TILL THE DATE OF REALIZATION OF THE AMOUNT ALONG
WITH COSTS TO THE PLAINTIFF BY THE DEFENDANT, ETC.,.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:

                         ORDER

Though matter is called twice, there is no

representation on behalf of appellant.

The captioned appeal is listed in until disposal list.

On 02.11.2022, when the matter was called, there was

no representation on behalf of appellant. Today also there

is no representation on behalf of appellant.

As could be seen from the appeal papers, the

appeal is filed in the year 2007. Now we are in the month

of November 2022. As already noted above, though

matter is called yesterday and today, there is no

representation on behalf of appellant. Hence, this Regular

Second Appeal is dismissed for non-prosecution.

Sd/-

JUDGE

MRK