Maruti S/O Yellappa Shinde vs Srikant S/O Laxman Ghotnekar
2022 Latest Caselaw 12336 Kant

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 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 11TH DAY OF OCTOBER, 2022

                         BEFORE

        THE HON'BLE MS. JUSTICE JYOTI MULIMANI

            M.S.A. NO.100041 OF 2019 (RO)
BETWEEN:
MARUTI
S/O YELLAPPA SHINDE,
AGE: 70 YEARS,
OCC:AGRICULTURE AND BUSINESS,
R/O GUTTIGERI GALLI, HALIYAL,
TQ:HALIYAL DIST:U.K.- 581 329.             ...APPELLANT

(BY SRI BASANNA N. PATTEKAR AND
      MISS PRIYANKA H.PAWAR, ADVOCATES)

AND:


SRIKANT
S/O LAXMAN GHOTNEKAR,
AGE:65 YEARS, OCC:BUSINESS,
R/O GUTTIGERIGALLI, HALIYAL,
TQ:HALIYAL, DIST:U.K.581 329.             ... RESPONDENT

(BY SRI M.B.PUJAR AND SRI C.B.SHAKUNAVALLI, ADVOCATES)


       THIS MISCELLANOUS SECOND APPEAL IS FILED UNDER
ORDER 43 RULE 1(u) READ WITH SECTION 104 OF CPC AGAISNT
THE JUDGMENT AND DECREE DATED 26.09.2018 PASSED IN
R.A.NO.17/2017 (OLD RA NO.4/2015) ON THE FILE OF THE
SENIOR CIVIL JUDGE, HALIYAL, PARTLY ALLOWING THE APPEAL
FILED AGAINST THE JUDGMENT AND DECREE DATED 19.12.2014
PASSED IN O.S.NO.34/2009, ON THE FILE OF THE CIVIL JUDGE
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AND JUDICIAL MAGISTRATE FIRST CLASS, HALIYAL, DECREEING
THE SUIT FILED FOR DECLARATION.


      THIS MSA POSTED FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:


                          ORDER

Though matter called twice, there is no

representation on behalf of appellant. Hence, the

Miscellaneous Second Appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

TKN