Citation : 2022 Latest Caselaw 12474 Kant
Judgement Date : 14 October, 2022
1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100539 OF 2015 (DEC/INJ)
BETWEEN:
1. NINGAPPA
S/O. BASAVANNEPPA KAMATAD
SINCE DECEASED BY HIS LRS.
1(A) CHANNAVVA W/O. NINGAPPA KAMATAD
AGE: 65 YEARS,
OCC: HOUSEHOLD WORK
R/O. NELOGAL,
TQ: AND DIST: HAVERI.
1(B) NEELAVVA
W/O CHANNAPPA MALAGI
AGE: 43 YEARS
OCC: AGRICULTURE
R/O. SHANKARIKOPPA TQ: HANGAL
DIST: HAVERI.
1(C) SHANKRAPPA
S/O. NINGAPPA KAMATAD
AGE: 40 YEARS,
OCC: AGRICULTURE
R/O. NELOGAL,
TQ AND DIST: HAVERI.
1(D) DRYAKSHAYINI
W/O. DUNDAPPA HAVAKKANAVAR
AGE: 35 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD WORK
R/O. BHUVIRAPUR
TQ AND DIST: HAVERI.
2
1(E) BASAVARAJ
S/O. NINGAPPA KAMATAD
AGE: 35 YEARS,
OCC: AGRICULTURE
R/O. NELOGAL,
TQ AND DIST: HAVERI.
...APPELLANTS
[BY SRI.M.V.HIREMATH., AND
SRI.V.S.KALASURMATH, ADVOCATES (ABSENT)]
AND:
1. CHANNAVVA
W/O. NAGAPPA KAMATAD
AGE: 45 YEARS,
OCC: PROVISIONAL STORES AND
HOUSEHOLD WORK
R/O. NELOGAL, TQ: AND DIST: HAVERI.
2. PRABHAVATI
W/O. SIDDANAGOUDA SIDDANAGOUDDER
AGE: 30 YEARS,
OCC: HOUSEHOLD WORK
R/O. NELOGAL VILLAGE
TQ AND DIST: HAVERI.
3. MANJAVVA
W/O. SHANKARAGOUDA SOLABHAGOUDAR
@ SULABHAGOUDRA
AGE: 28 YEARS,
OCC: HOUSEHOLD WORK
R/O. MALLUR VILLAGE
TQ: BYADAGI AND DIST: HAVERI.
4. SHOBHA
W/O. MALATESH PATIL
AGE: 27 YEARS,
OCC: HOUSEHOLD WORK
R/O. NELOGAL VILLAGE
TQ: AND DIST: HAVERI.
3
5. KUMARI NAGARATNA
D/O. NAGAPPA KAMATAD
AGE: 25 YEARS,
OCC: TAILORING AND HOUSEHOLD WORK
R/O. NELOGAL VILLAGE
TQ: AND DIST: HAVERI.
6. KUMARI SHESHIKALA
D/O. NAGAPPA KAMATAD
AGE: 24 YEARS,
OCC: TAILORING AND HOUSEHOLD WORK
R/O. NELOGAL VILLAGE
TQ: AND DIST: HAVERI.
7. KUMARI RENAVVA
W/O. LAXMAN KAMATAD
AGE: 49 YEARS,
OCC: HOUSEHOLD WORK
R/O. NELOGAL VILLAGE
TQ: AND DIST: HAVERI
NOW R/O. SRI YANAK, TMC EMPLOYEE,
SHIVBASAVA NAGAR, HAVERI.
8. JAYAPPA
S/O.LAXMAN KAMATAD
AGE: 30 YEARS,
OCC: TMC EMPLOYEE
R/O. NELOGAL VILLAGE
TQ: AND DIST: HAVERI.
9. SHASHIDHAR
S/O. LAXMAN KAMATAD
AGE: 26 YEARS,
OCC: STUDENT
R/O. NELOGAL VILLAGE
TQ: AND DIST: HAVERI.
10. REKHA @ LAXMI
W/O. ASHOK MEKKI
AGE: 25 YEARS,
OCC: HOUSEHOLD WORK
4
R/O.NELOGAL VILLAGE
HAVERI.
NOW R/O. SRI. NAYAK, TMC EMPLOYEE,
SHIVBASAVANAGAR, HAVERI.
... RESPONDENTS
(BY SRI.B.M.PATIL., ADVOCATE FOR R1 TO 6;
R7 TO 10 - HELD SUFFICIEINT)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED:12.03.2015 PASSED IN R.A.NO.24/2013 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE, HAVERI, DISMISSING THE
APPEAL AND CONFINING THE JUDGMENT AND DECREE
DATED:15.12.2012 AND THE DECREE PASSED IN
O.S.NO.324/2008 ON THE FILE OF THE CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS AT HAVERI, DISMISSING
THE SUIT FILED FOR DECLARATION AND CONSEQUENTIAL
RELIEF OF PERMANENT INJUNCTION.
THIS REGULAR SECOND APPEAL POSTED FOR ADMISSION,
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 admission.
As could be seen from the appeal papers, the appeal
is of the year 2015. Now we are in the month of October
2022. The appeal is pending for admission for almost seven
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
MRK
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