Citation : 2022 Latest Caselaw 13105 Kant
Judgement Date : 17 November, 2022
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100458 OF 2018 (PAR)
BETWEEN:
JANARDHAN RAMA BHAT
A/A 47 YEARS, OCC: AGRICULTURIST,
R/O: KODLAGADDE, TQ: YELLAPUR.
DIST: KARWAR.
...APPELLANT
(BY SRI A.P.HEGDE JANMANE AND VIJAY M. MALALI,
ADVOCATES (ABSENT) )
AND:
1. LAXMI KOM KRISHNA BHAT
A/A 67 YEARS, OCC:HOUSEHOLD,
R/O. KODLAGADDE,
TQ: YELLAPUR, U.K DIST.
2. SUSHEELA KOM SHANKAR BHAT
A/A 50 YEARS, OCC: HOUSEHOLD,
R/O: GIDAGERI,
HONAGADDE VILLAGE,
TQ: YELLAPUR, U.K. DISTRICT.
3. JANUAVILL
W/O GANAPATI BHAT
A/A 48 YEARS, OCC: HOUSEHOLD,
R/O: BISGOD, TQ: YELLAPUR,
U.K. DISTRICT.
4. LALITA
W/O DATTATRAY BHAT
2
A/A 45 YEARS, OCC: HOUSEHOLD,
R/O: ARABAIL,
TQ: YELLAPUR, U.K. DISTRICT.
5. BHAGIRATI
D/O KRISHNA BHAT
A/A 35 YEARS, OCC: HOUSEHOLD,
R/O KODLAGADDE,
TQ: YELLAPUR, U.K DISTRICT.
6. CHANDRASHEKHAR KRISHNA BHAT
A/A 51 YEARS, OCC: AGRICLTURIST,
R/O KODLAGADDE, TQ: ANKOLA,
U.K DISTRICT.
7. KUMARI VANITA
D/O KRISHNA BHAT
A/A 38 YEARS, OCC: HOUSEHOLD,
R/O: KODLAGADDE,
TQ: ANKOLA, U.K. DISTRICT.
8. LEELAVATI
D/O KRISHNA BHAT
A/A 34 YEARS, OCC: HOUSEHOLD,
R/O: KODLAGADDE,
TQ: ANKOLA, U.K. DISTRICT.
9. VENKATRAMAN KRISHINA BHAT
A/A 35 YEARS, OCC: HOUSEHOLD,
R/O: KODLAGADDE,
TQ: ANKOLA, U.K. DISTRICT.
10 . GANAPATI RAMA BHAT
SINCE DECEASED BY HIS LRS,
10 a) SMT. SARASWATI GANAPATI BHAT,
A/A 77 YEARS, OCC: HOUSEHIOLD,
R/O: SURGIMANE IN
KODLAGADDE VILLAGE,
TQ: ANKOLA, U.K. DISTRICT.
10 b) RAMACHANDRA GANAPATI HEGDE
A/A 55 YEARS, OCC: BUSINESS,
3
R/O: GULLAPUR, TQ: YELLAPUR,
ALSO RESIDING AT SURGIMANE IN
KODLAGADDE VILLAGE,
TQ: ANKOLA, U.K. DISTRICT.
10 c) VISHWESHWAR GANAPATI BHAT
A/A 54 YEARS, OCC: AGRICULTURIST,
R/O: SURGIMANE IN
KODLAGADDE VILLAGE,
TQ: ANKOLA, U.K. DISTRICT.
10 d) ANANT GANAPATI BHAT
A/A 52 YEARS, OCC: BUISNESS,
PROP: GURUDATTA TRADERS,
IB ROAD, YELLAPUR TOWN,
TQ: YELLAPUR, U.K. DISTRICT.
10 e) PRAKASH GANAPATI BHAT
A/A 49 YEARS,
DOCTOR, ENT SPECIALIST,
KUMTA TOWN, TQ: KUMTA,
U.K. DISTRICT.
10 f) SMT.SEETA
W/O JANARDHAN BHAT
A/A: 57 YEARS, OCC: HOUSEHOLD,
R/O: KUNKEDU IN
KODLAGADDE VILLAGE,
TQ: ANKOLA, U.K. DISTRICT.
10 g) SMT.GANGA
W/O KRISHNA HEGDE
A/A: 56 YEARS, OCC: HOUSEHOLD,
R/O: CHAMEPALU IN
KODLAGADDE VILLAGE,
TQ: ANKOLA, U.K. DISTRICT.
10 h) SMT.GODAVARI
W/O NARAYAN BAGANAGADDE
A/A 55 YEARS, OCC: HOUSEHOLD,
R/O: BAGANAGADDE IN DEHALLI VILLAGE,
TQ: YELLAPUR, U.K. DISTRICT.
4
10 i) SMT.KALAVATI CHANDRASHEKHAR HEGDE
A/A 51 YEARS, OCC: HOUSEHOILD,
R/O: GENIMANE, HALAVALLI,
PO: KALLESHWAR, TQ: ANKOLA,
U.K. DISTRICT.
11 . NARAYAN RAMA BHAT
A/A 60 YEARS, OCC: AGRICULTURIST,
R/O: SURGIMANE-
KODLAGADDE VILLAGE,
TQ: ANKOLA, U.K. DISTRICT.
12 . PARAMESHWAR RAMA BHAT
A/A 54 YEARS,
R/O: KODLAGADDE IN YELLAPUR TQ.,
NOW AT P.R. BHAT STAFF hOSTEL,
I.I.T POWAI, MUMBAI-400076.
... RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF the civil procedure code, 1908, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE PASSED BY THE MUNSIFF COURT,
YELLAPUR, DATED 11.08.1992, IN O.S.NO.44/1989 AND SENIOR
CIVIL JUDGE COURT YEALLAPUR DATED 28.03.2018 MADE IN
R.A.NO.36/2006.
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 appellant.
The appeal is listed today for orders regarding non-
compliance of office objections for fifth time.
As could be seen from the appeal papers, the appeal
is filed in the year 2018. Now we are in the month of
November 2022. It's almost been four years since the date
of filing of the appeal, so far office objections are not
complied with.
It appears that the appellant has 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 appellant. Hence, the Regular
Second Appeal is dismissed for non-compliance of office
objection and also for non-prosecution.
Sd/-
JUDGE
MRK
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