Shivappa S/O Gurusiddappa Kallur vs Smt.Sarojamma W/O Ramanagouda ...
2022 Latest Caselaw 12426 Kant

                             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.100638 OF 2019 (SP)

BETWEEN:

SHIVAPPA
S/O GURUSIDDAPPA KALLUR,
AGE:68 YEARS, OCC:AGRICULTURE,
R/O BASTI ONI, SHUKRAWAR PETH,
HOSAYALLAPUR, DHARWAD - 580 001.            ...APPELLANT

[BY SRI G.S.SAVADATTI AND
    SRI B.F.PUJAR, ADVOCATES (ABSENT)]

AND:

1.      SMT.SAROJAMMA
        W/O RAMANAGOUDA PATIL,
        AGE:63 YEARS, OCC:HOUSE WIFE,
        R/O NEKAR NAGAR, HUBBALLI,
        DIST:DHARWAD - 580 024.

2.      SMT.NAGARATNA
        W/O CHANNABASAPPA MORAB,
        AGE:38 YEARS, OCC:SHUKRAWAR PETH,
        HOSAYALLAPUR, DHARWAD - 580 001.

3.      SMT.NETRA
        W/O SANTOSH MALI,
        AGE:33 YEARS, OCC:HOUSE WIFE,
        R/O JAGADAL, TQ:JAMAKHANDI,
        DIST:BAGALKOT - 587 301.

4.      MISS. RENUKA
        D/O RAMANAGOUDA PATIL,
        AGE:29 YEARS, OCC:HOUSE WORK,
        R/O NEKAR NAGAR, HUBBALLI,
        DIST:DHARWAD - 580 024.
                              2




5.    SMT.SUNANDA
      W/O IRAPPA MORAB,
      AGE:48 YEARS, OCC:HOUSE WIFE,
      R/O C/O MALLAPPA MUDAKAPPA CHURUMARI,
      AT/POST TARIHAL, TQ:HUBBALLI,
      DIST:DHARWAD - 580 026.

6.    KUMAR MALLIKARJUN
      S/O IRAPPA MORAB,
      AGE:18 YEARS, OCC:NIL,
      R/O TARIHAL, TQ:HUBBALLI,
      DIST:DHARWAD - 580 026.

7.    KUMARI APURVA
      D/O IRAPPA MORAB,
      AGE:15 YEARS, OCC:NIL,
      R/O TARIHAL, TQ:HUBBALLI,
      DIST:DHARWAD - 580 026.

(RESPONDENTS NO.6 AND 7 ARE MINORS
REPRESENTED BY THEIR NATURAL MOTHER
MINOR GUARDIAN RESPONDENT NO.5
RESIDING WITH RESPONDENT NO.5)             ... RESPONDENTS

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, CHALLENGING THE JUDGMENT AND DECREE DATED
11.06.2019 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL
JUDGE AND CJM, DHARWAD IN R.A.NO.03/2016, CONFIRMING
THE JUDGMENT AND DECREE DATED 31.10.2015 PASSED BY THE
III ADDITIONAL CIVIL JUDGE (JR. DN.) AND JMFC, DHARWAD, IN
O.S.NO.382/2010.

      THIS REGULAR SECOND APPEAL POSTED FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

Though matter called twice, there is no representation

on behalf of appellant.

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 22.08.2019. Now we are in the month of October

2022. It's been three 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 matter 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

TKN