K Khader Sab vs G R Shiva Kumar
2022 Latest Caselaw 12396 Kant

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     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 12TH DAY OF OCTOBER, 2022

                          BEFORE

         THE HON'BLE MS. JUSTICE JYOTI MULIMANI

REGULAR SECOND APPEAL NO.3154 OF 2006 (DEC/INJ)

BETWEEN:

K.KHADER SAB
S/O SHAIK HUSSAIN SAB,
SINCE DECEASED REP. BY HIS LRs.

1.      SHAHAJAN
        D/O LATE KHADAR SAB,
        AGED ABOUT 45 YEARS,
        OCC:HOUSE HOLD WORK.

2.      HASEN
        S/O LATE KHADAR SAB,
        AGED ABOUT 38 YEARS,
        OCC:AGRICULTURIST.

3.      JEELAN
        S/O LATE KHADAR SAB,
        AGED ABOUT 30 YEARS,
        OCC:AGRICLUTURIST.

4.      ROSHAN
        S/O LATE KHADAR SAB,
        AGED ABOUT 27 YEARS,
        OCC:AGRICUTURIST.

5.      RABIYA
        D/O LATE KHADAR SAB,
        AGED ABOUT 26 YEARS,
        OCC:HOUSE HOLD WORK.
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ALL THE APPELLANTS NO.1 TO 5
ARE R/AT CHAPPARADAHALLI,
YOGI COLONY, 15TH WARD,
HOSPET - 583 201.                               ...APPELLANTS

[BY SRI HARSH DESAI, ADVOCATE (ABSENT)]

AND:

G.R.SHIVA KUMAR,
S/O LATE RANGAIAH,
AGED ABOUT 42 YEARS,
OCC:BUSINESS,
R/O 15TH WARD, CHAPPARADAHALLI,
YOGI COLONY, HOSPET - 583 201.                  ... RESPONDENT

(BY SRI M.GURURAJ, ADVOCATE)

       THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 28.08.2006 PASSED IN RA
NO.53/2006 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN),
HOSPET, ALLOWING THE APPEAL LAND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 22.02.2006 PASSED IN OS.
NO.73/2002 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) &
JMFC, HOSPET.


       THIS RSA 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.

The appeal is listed today for final hearing.

As could be seen from the appeal papers, the appeal

is of the year 2006. Now we are in the month of October

2022. The appeal is pending before this Court from 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