Sri. Chandrakant S/O. ... vs Sri. Mallikarjun S/O. ...
2022 Latest Caselaw 13108 Kant

                             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.100404 OF 2018 (PAR)

BETWEEN:

SRI. CHANDRAKANT
S/O. SHIVABASAPPA KAPPATTANAVAR
AGE:53 YEARS, OCC:AGRICULTURE,
R/O. SHIRUNJA, TQ:DIST:GADAG.
                                          ...APPELLANT
(BY SRI SURESH N. NAVALGUND AND GANESH RAIBAGI,
ADVOCATES, (ABSENT))

AND:

1.     SRI. MALLIKARJUN
       S/O SHIVABASAPPA KAPPATTANAVAR
       AGE:43 YEARS,OCC:AGRICULTURE,
       R/O. SHIRUNJA, TQ:DIST:GADAG.

2.     SMT. AKKAMAHADEVI @ CHANNABASAVVA
       W/O SHANKARAGOUDA,
       VEERABHADRAGOUDA,
       AGE:55 YEARS,OCC:AGRICUALTURE,
       R/O: MUKKALLA,TQ:KALAGHATAGI,
       DIST:DHARWAD.

3.     SMT. RATNAVVA
       W/O. HANMANTAPPA YATNALLI
       AGE: 45 YEARS,OCC: AGRICULTURE,
       R/O: BALEHOSUR, TQ:SHIRAHATTI,
       DIST:GADAG.

4.     SMT. BASAVANNEVVA
       W/O BHARAMAPPA YATNALLI
                                2




      AGE:49 YEARS, OCC: AGRICULTURE,
      R/O: BALEHOSUR, TQ: SHIRAHATTI,
      DIST:GADAG.

5.    SMT. SUSHILA
      W/O. RUDRAGOUDA DODDAGOUDRA
      AGE:47 YEARS, OCC:AGRICULTURE,
      R/O. MUKKALLA, TQ:KALAGHATAGI,
      DIST:DHARWAD.
                                                  ... 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 23.09.2017, PASSED
IN R.A.NO.01/2016, ON THE FILE OF THE ADDL. DISTRICT AND
SESSIONS JUDGE, GADAG, ALLOWING IN PART AND MODIFYING
THE JUDGMENT AND DECREE DATED 20.11.2015, PASSED BY
THE COURT OF PRL. SENIOR CIVIL JUDGE, AND CJM, GADAG, IN
O.S.NO.59/2013, BEGS TO PREFER THIS APPEAL SO FAR AS IT
RELATES TO ITEM NO.2 IN SCHEDULE-B I.E., SY.NO.348/1+1B/
1+2A/2 MEASURING 1 ACRE 20 GUNTAS SITUATED AT
HALLIGUDI VILLAGE OUT OF 6 ACRES 38 GUNTAS.

     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