Sri Basappa S/O Shivappa Amargol vs Sri Ningappa S/O Irappa Madalli
2022 Latest Caselaw 12397 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.3326 OF 2006 (DEC/INJ)

BETWEEN:

SRI BASAPPA
S/O SHIVAPPA AMARGOL,
AGE:57 YEARS, OCC:AGRI,
R/O GAMBYAPUR,
TALUK:KALAGHATAGI - 581 204,
DISTRICT : DHARWAD.                      ...APPELLANT

[BY SRI B.K.MALLIGAWAD, ADVOCATE (ABSENT)]

AND:

1.      SRI. NINGAPPA
        S/O IRAPPA MADALLI,
        AGE:65 YEARS,
        OCC:AGRICULTURE,
        TALUK:KALAGHATAGI - 581 204.
        DISTRICT : DHARWAD.

2.      SRI TIPPANNA
        S/O NINGAPPA MADALLI,
        SINCE DECEASED BY LRS.

2(a). NINGAVVA
      W/O TIPPANNA MADALLI,
      AGE:45 YEARS,
      OCC:HOUSEHOLD,
      R/O GAMBHYAPUR,
      TALUK : KALAGHATAGI - 581 204,
      DISTRICT: DHARWAD.
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2(B). VISHWANATH
      S/O TIPPANNA MADALLI,
      AGE:23 YEARS, OCC: AGRICULTURE,
      R/O GAMBHYAPUR,
      TALUK : KALAGHATAGI - 581 204,
      DISTRICT: DHARWAD.

2(c). GAYATRI
      D/O TIPPANNA MADALLI,
      AGE:20 YEARS, OCC:HOUSEHOLD,
      R/O GAMBHYAPUR,
      TALUK : KALAGHATAGI - 581 204,
      DISTRICT: DHARWAD.

2(d). NETRAVATI
      D/O TIPPANNA MADALLI,
      AGE:13 YEARS, OCC:HOUSEHOLD,
      R/O GAMBHYAPUR,
      TALUK : KALAGHATAGI - 581 204,
      DISTRICT: DHARWAD.

3.   TIRAKAPPA
     S/O NINGAPPA MADALLI,
     AGE:57 YEARS, OCC:AGRICULTURE,
     R/O GAMBYAPUR,
     TALUK: KALAGHATAGI - 561 204,
     DISTRICT: DHARWAD.            ... RESPONDENTS

(BY SRI J.S.SHETTY, ADVOCATE FOR R2 (a TO c);
      R1 & R2(d) ARE SERVED;
      APPEAL AS AGAINST R3 DISMISSED VIDE ORDER
      DATED 23.06.2011)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
CHALLENGING THE JUDGMENT AND DECREE DATED 16.09.2006
PASSED BY THE COURT OF PRL. DISTRICT JUDGE, DHARWAD IN
R.A.NO.86/2004 AND SET ASIDE THE JUDGMENT AND DECREE
DATED 14.07.2003 PASSED BY THE PRL. CIVIL JUDGE (SR.DN.)
& CJM, DHARWAD IN O.S.228/1997.
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      THIS RSA POSTED FOR HEARING THIS DAY, THE
COURT MADE THE FOLLOWING:
                          ORDER

Though matter called twice, there is no representation

on behalf of appellant. Hence, the Regular Second Appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

TKN