Karnataka High Court
Shri.Maruti Mallappa Kamu vs Shri.Kiran Nagesh Kamu on 16 November, 2022
Bench: Jyoti Mulimani
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100177 OF 2019 (DEC/INJ)
BETWEEN:
1. SHRI.MARUTI MALLAPPA KAMU
AGE: 72 YEARS,
OCC: AGRICULTURE,
R/O: 614, RAJHANS GALLI,
ANAGOL, BELAGAVI.
2. SHRI.MAHADEV MALLAPPA KAMU
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: 613, RAJHANS GALLI,
ANAGOL, BELAGAVI.
3. SMT.GEETA @ MANJULA
W/O BALAKRISHNA KAMU
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: 614, RAJHANS GALLI,
ANAGOL, BELAGAVI.
4. KUMAR PRASHANT BALAKRISHNA KAMU
AGE: 30 YEARS,
OCC: STUDENT,
R/O: 614, RAJHANS GALLI,
ANAGOL, BELAGAVI.
5. MISS.SONALI @ PRANALI BALAKRISHNA KAMU
AGE: 30 YEARS,
OCC: STUDENT,
R/O: 614, RAJHANS GALLI,
ANAGOL, BELAGAVI.
2
6. KUMAR PRAVEEN BALAKRISHNA KAMU
AGE: 30 YEARS,
OCC: STUDENT,
R/O: 614, RAJHANS GALLI,
ANAGOL, BELAGAVI.
7. SMT.SUMAN GUNDU HATTIKAR
AGE: MAJOR,
OCC: AGRICULTURE, HOUSEHOLD,
R/O: YALLUR,
TQ AND DIST: BELAGAVI.
8. SMT.TULSA @ LAXMIBAI ANANT CHAVAN
AGE: MAJOR,
OCC: HOUSEHOLD WORK,
R/O: KANGRALI (B.K.),
TQ: BELAGAVI.
9. SMT.GANGUBAI PARASHURAM KAMU
SINCE DEAD HER LEGAL REPRESENTATIVES
ALL OTHER APPELLANTS ARE
HER LEGAL REPRESENTATIVES
10. SRI.HARISHCHANDRA PARASHURAM KAMU
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: 614, RAJHANS GALLI,
ANAGOL, BELAGAVI.
11. SRI.MANOHAR PARASHURAM KAMU
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: 614, RAJHANS GALLI,
ANAGOL, BELAGAVI.
12. SMT.INDU @ LAXMIBAI KHACHU KAKATKAR
DEAD, NOW REPRESENTED OBY HER LRS,
12A. SMT.MANUBAI
KOM. LAXMAN PATIL,
AGE: MAJOR,
OCC: HOUSEHOLD WORK,
3
R/O: PATIL GALLI,
HANGARGA,
TQ AND DIST: BELAGAVI.
12B. MS.NANDA BIN KHACHU KAKATKAR
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: RAMDEV GALLI, SAVGAON,
TQ AND DIST: BELAGAVI.
12C. SMT.GEETA KOM SHANKAR KILLEKAR
MAJOR, AGE: 59 YEARS,
OCC: HOUSEHOLD WORK,
R/O: CHAVATI GALLI, BELAGAVI.
12D. MR.GANAPATHI BIN KHACHU KAKAKTKAR
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: MARGAI GALLI, SAVGAON,
TQ AND DIST: BELAGAVI.
12E. SMT.GOURA KOM. APPANNA NESARKAR
AGE: MAJOR,
OCC: HOUSEHOLD WORK,
R/O: CHAVATI GALLI, BELAGAVI.
12F. MR.DATTA BIN KHACHU KAKATKAR
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: MARGAI GALLI, SAVGAON,
TQ AND DIST: BELAGAVI.
12G. SMT.SUDHA KOM SIDDAPPA MAJUKAR
AGE: MAJOR,
OCC: HOUSEHOLD WORK,
R/O: TANAJI GALLI YALLUR,
TQ AND DIST: BELAGAVI.
13. SMT.SHANTA SHIDRAYA KADOLKAR
AGE: MAJOR,
OCC: HOUSEHOLD WORK,
R/O: KAKTI, BELAGAVI.
4
14. SHANTA @ UMA KOM KRISHNA SHINDHE
AGE MAJOR, OCC: HOUSEHOLD WORK,
R/O: KOLHAPUR. (MAHARASHTRA)
...APPELLANTS
(BY SRI P.H.GOLKHINDI, ADVOCATE (ABSENT))
AND:
1. SHRI.KIRAN NAGESH KAMU
AGE: MAJOR, OCC: BUSINESS,
R/O: 561 AND561/A,
RAGHUNATH PETH, ANAGOL, BELAGAVI.
2. SHRI.PRAKASH NAGESH KAMU
AGE: MAJOR, OCC: SERVICE,
R/O: MAHAVEER ABHAYARANYA,
AT MOLEM, GOA STATE.
3. SMT.PRABHAVATI SHIVAGIRAO PAWAR
AGE: MAJOR, OCC: HOUSEHOLD WORK,
BAZAR GALLI, KHASBAGH, BELAGAVI.
... RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 17.11.2018, PASSED
BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN
R.A.NO.111/2014, CONFIRMING THE JUDGMENT AND DECREE
DATED 23.04.2014, PASSED BY THE PRL. SR. CIVIL JUDGE,
BELAGAVI, DISMISSING SUIT OF THE PLAINTIFF IN
O.S.NO.24/1991, ETC.,.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT PASSED THE FOLLOWING:
ORDER
Though the matter is called twice, there is no
representation on behalf of appellants.
The appeal is listed today for orders regarding
non-compliance of office objections.
As could be seen from the appeal papers, the
appeal is filed in the year 2019. Now we are in the month
of November 2022. It's almost been three years since the
date of filing of the appeal, so far office objections are not
complied with.
It appears that the appellants have not instructed
the counsel on record to comply office objections and as
already noted above, though the matter is called twice,
there is no representation on behalf of appellants. Hence,
the Regular Second Appeal is dismissed for non-
compliance of office objection and also for non-
prosecution.
Sd/-
JUDGE
MRK
