Citation : 2022 Latest Caselaw 12424 Kant
Judgement Date : 13 October, 2022
1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100449 OF 2021 (PAR/POS)
BETWEEN:
SHRI. MRUTUNJAYA
S/O. SHIVABASAYYA HIREMATH
DEAD BY HIS LRS
1. SMT. SUNANDA
W/O MRUTUNJAYA HIREMATH
AGE 52 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD WORK
R/O. BEVINKOPPA, TALUKA BAILHONGAL,
DISTRICT BELAGAVI - 591 102.
2. SHRI. SIDDAYYA
S/O MRUTYUNAJAYA HIREMATH
AGE: 52 YEARS, OCC: AGRICULTURE
AND HOUSEHOLD WORK,
R/O. BEVINKOPPA TALUKA
BAILHONGAL, DISTRICT BELAGAVI - 591102
3. SMT. SAVITA
W/O. ANIL HIREMATH,
AGE: 33 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD WORK
R/O. BEVINKOPPA TALUKA,
BAILHONGAL,
DISTRICT BELAGAVI - 591 102.
4. SMT. SUNITA
W/O. SHIVAKUMAR GUDDAMATH
AGE 31 YEARS,
OCC AGRICULTURE AND HOUSEHOLD WORK,
R/O. BEVINKOPPA TALUKA
BAILHONGAL, DISTRICT BELAGAVI - 591 102.
2
5. SMT. MAHESHWARI
W/O. VINAYAK GANACHARI
AGE 29 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD WORK,
R/O. BEVINKOPPA TALUKA
BAILHONGAL,
DISTRICT BELAGAVI - 591 102. ...APPELLANTS
[BY SRI MAHANTESH S.HIREMATH, ADVOCATE (ABSENT)]
AND:
1. SMT. NEELAWWA
W/O MELLAYYA MELLAYYANAVAR,
AGE: 70 YEARS, OCC: HOUSEHOLD WORK,
R/O HULACHAWL/BAIRNCHAL,
TALUKA BAILHONGAL, DISTRICT BELAGAVI - 591 102.
2. SMT. SIDDALINGAWWA
S/O. SHIVALINGAYYA TOGALADMATH
AGE: 82 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD WORK,
R/O. MALLAPPA NAGAR BEHIND APMC MUDHOL,
TALUKA MUDHOL, DISTRICT BAGALKOT - 587 313.
3. SMT. SATAWWA
W/O MAHARUDRAYYA HIREMATH,
AGE: 78 YEARS, OCC: HOUSEHOLD WORK,
C/O. SHRI. SHANKARAYYA HIREMATH,
GOVT. RATION SHOP,
R/O. HANGARKI, TALUKA AND DISTRICT,
DHARWAD - 580 105.
4. SMT. ANUSUYA
W/O. CHANNABASAYYA PATIL,
AGE: 75 YEARS,
OCC: HOUSEHOLD WORK,
R/O: HOMANAHALLI,
P/O: MADANHALLI
TALUKA HALIYAL,
DITRICT UTTARA KANNADA -581329.
3
5. SMT. IRRAWWA
W/O SHANTAYYA KALAMATH
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
R/O KOTUR, TALUKA AND DISTRICT
DHARWAD - 580 011.
6. SHRI. SANGAYYA
S/O SHIVABASAYYA HIREMATH,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O. BEVINKOPPA, TALUKA BAILHONGAL
DISTRIT BELAGAVI - 591 102.
7. SMT. PARWATEWWA
W/O SHEKHAYYA HIREMATH,
AGE: 84 YEARS, OCC: HOUSEHOLD WORK,
R/O. HUNASHIKATTI , TALUKA: BAILHONGAL,
DIST BELAGAVI - 591 153.
8. SMT. DUNDAWWA
W/O DEVANDRAYYA HIREMATH,
AGE: 74 YEARS, OCC: HOUSEHOLD WORK,
R/O. HOGARTI, TALUKA: BAILHONGAL,
DIST: BELAGAVI - 591 147.
9. SHRI.TEERTHAYYA
S/O SHIVABSAYYA HIREMATH,
AGE: 80 YEARS, OCC: RETIRED TEACHER,
R/O. 4TH CROSS, SADHANAKERI,
DHARWAD TALUKA AND
DISTRICT DHARWAD - 580 007. ... RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, CHALLENGING THE JUDGMENT AND DECREE DATED
06.06.2019 PASSED BY THE COURT OF SENIOR CIVIL JUDGE,
BAILHONGAL IN R.A.NO.37/2019, CONFIRMING THE JUDGMENT
AND DECREE DATED 10.03.2017 PASSED BY THE CIVIL JUDGE
AND JMFC, BAILHONGAL, IN O.S.NO.297/2015.
THIS REGULAR SECOND APPEAL POSTED FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
4
ORDER
Though matter called twice, there is no representation
on behalf of appellants.
The appeal is listed today for orders regarding non-
compliance of office objections.
As could be seen from the appeal papers, the appeal
is filed on 16.08.2021. Now we are in the month of October
2022. It's been a year since the date of filing of the appeal,
so far office objections are not complied with.
It appears that the appellants have not instructed the
counsel on record to comply office objections and 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-compliance of office
objection and also for non-prosecution.
Sd/-
JUDGE TKN
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!