Citation : 2022 Latest Caselaw 12904 Kant
Judgement Date : 8 November, 2022
1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 08TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.2608 OF 2006 (DEC/INJ)
BETWEEN:
SRI ARJUN HOLEPPA KAMTE
S/O. HOLEPPA KAMTE
DECEASED BY HIS LRS.
a) SMT. SHARAWWA W/O ARJUN KAMTE
AGE: 77 YEARS, OCC: HOUSEHOLD WORK,
R/O: UMARANI, TQ: CHIKKODI,
DIST: BELAGAVI.
b) SMT. YALLAWWA
W/O KALLAPPA BHIMNAIK
AGE: 58 YEARS, OCC: HOUSEHOLD WORK,
R/O: UMARANI, TQ: CHIKKODI,
DIST: BELAGAVI.
c) IRAPPA S/O ARJUN KAMTE
AGE : 58 EYARS, OCC: AGRICULTURE,
R/O: UMARANI, TQ: CHIKKODI,
DIST: BELAGAVI.
d) SMT. KRISHNAWWA
W/O MURALI KAMBLE
AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O: UMARANI, TQ: CHIKKODI,
DIST: BELAGAVI.
e) BASAPPA
S/O ARJUN KAMTE
AGE: 54 YEARS,
OCC: AGRICULTURE,
2
R/O: UMARANI,
TQ: CHIKKODI,
DIST: BELAGAVI.
f) SMT. SHANTAWWA
W/O BASAPPA KAMBLE
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O: UMARANI, TQ: CHIKKODI, DIST: BELAGAVI.
g) SMT. MALA
W/O BHARAT KAMBLE
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O: UMARANI, TQ: CHIKKODI, DIST: BELAGAVI.
h) SMT. CHANCHAWWA
W/O LINGAPPA KAMBLE
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O: WADRAL, TQ: CHIKKODI, DIST: BELAGAVI.
...APPELLANTS
(BY SRI V.P. KULKARNI, ADVOCATE [ABSENT])
AND:
SRI SANTAPPA RUDRAPPA SANTAPPAGOL
SINCE DECEASED BY HIS LRS,
1. SMT SALAWWA
W/O.MURIGEPPA DURGAPPAGOL,
AGED ABOUT 58 YEARS,
R/O. HORAGAL,
TALUK HUKKERI - 591 309,
BELAGAVI DISTRICT.
2. SMT. UJAWALA
W/O MARUTI KAMBLE
AGED ABOUT 54 YEARS,
R/O. UMARANI,
TALUK CHIKODI - 591 309,
BELAGAVI DIST.
3. SMT. ANUSUYA
W/O BALAKRISHNA KAMBLE
AGED ABOUT 52 YEARS,
3
R/O. SIRAGUPPI TALUK ATHANI - 591 304,
BELAGAVI DIST.
4. SRI. GANAPPA SANTAPPA
SANTAPPAGOL @ KAMBLE @ MAHAR
AGED ABOUT 47 YEARS,
KSRTC DEPOT, R/O. UMARANI,
TALUK CHIKODI - 591 201,
BELAGAVI DIST.
5. SMT. LAXMIBAI
W/O. KRISHNARAO DESAI
DECEASED BY HER LR,S.
5(a) SMT. SHOBHA
W/O ANANDRAO SHELAR,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O: YEMUNNOLI,
TQ: HUKKERI, DIST: BELAGAVI.
5(b) SMT. VIMALA
W/O GANAPATRAO
AGE: MAJOR, OCC: HOUSE HOLD,
R/O: WALVA, TQ. RADHANAGARI,
DIST: KOLHAPUR,
MAHARASTRA STATE.
5(c) SMT. MALAN
W/O HINDURAO DESAI
AGE: MAJOR, OCC: HOUSHOLD,
C/O. SHRI H.K. DESAI, ADVOCATE
AT AND POST: NANADI,
TQ: CHIKKODI,
DIST: BELAGAVI.
6. SRI JAYAWANT JYOTHI KAMBLE
AGED ABOUT 63 YEARS,
R/O. UMARANIM TALUK CHIKODI - 591 201,
BELAGAVI DISTRICT.
7. SRI MARUTI SHETTAPPA
DURGAPPAGOL
AGED ABOUT 68 YEARS,
4
R/O. UMARANI TALUK CHIKODI - 591 201
BELAGAVI DISTRICT.
... RESPONDENTS
(BY SRI I.Y.PATIL ADVOCATE FOR R1 TO R4;
SRI SANTOSH S. HATIIKATAGI AND
SRI.S.B.RAWOOT, ADVOCATES FOR R7;
APPEAL IS DISMISSED AGAINST R5(A);
PROP. R5(B) AND R5(C) ARE SERVED AND
UNREPRESENTED;
R6 SERVED AND UNREPRESENTED.)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE PASSED BY THE FAST TRACK COURT I (DISTRICT AND
SESSIONS JUDGE), CHIKODI IN R.A.NO. 5/1999 DATED
20.07.2006 CONFIRMING THE JUDGMENT AND DECREE PASSED
IN O.S.NO.47/1989 PASSED BY THE CIVIL JUDGE (JR.DN.),
CHIKODI DATED 12.01.1998.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Though matter called twice, there is no representation
on behalf of appellants.
As could be seen from the appeal papers, the appeal
is of the year 2006. Now we are in the month of November
2022. The appeal is pending for almost sixteen years.
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-
prosecution.
Sd/-
JUDGE
TKN
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