Shri. Om Builders, Rep. By Its ... vs Shri. Sharad S/O Shankar Dandekar
2022 Latest Caselaw 12605 Kant

                             1




 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 27TH DAY OF OCTOBER, 2022

                       BEFORE

        THE HON'BLE MS. JUSTICE JYOTI MULIMANI

  REGULAR SECOND APPEAL NO.6002 OF 2010 (INJ)

BETWEEN:

SHRI OM BUILDERS
REPRESENTED BY ITS PROPRIETOR
SHRI RAMESH CHANDRA MUKHARJEE
AGE: 66 YEARS, OCC: BUILDER,
R/O: VAKRATUND APARTMENT,
I CROSS BHAGYA NAGAR,
BEHIND HARI MANDIR ANAGOL,
BELAGAVI-590005.
                                           ...APPELLANT
(APPELLANT - ABSENT)

AND:

SHRI SHARAD
S/O. SHANKAR DANDEKAR
R/O. CTS NO.87/A
"GIRIJA SHANKAR APARTMENT"
MANGALWAR PETH
TILAKWADI BELAGAVI-590006.              ... RESPONDENTS

(SERVED AND UNREPRESENTED)

     THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 READ WITH ORDER XLII RULE 1 OF CPC, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 06.09.2010 PASSED
BY THE FAST TRACK COURT-I AND ADDITIONAL DISTRICT
JUDGE BELAGAVI IN RA NO. 1058/2009 AND SET ASIE THE
JUDGMENT AND DECREE DATD 24.07.2007 PASSED BY THE
FIRST ADDITIONAL CIVIL JUDGE JR.DN. BELAGAVI IN O.S.NO.
463/2002 AND ALLOW THIS APPEAL WITH COSTS THROUGHOUT
                                2




BY DISMISSING THE SUIT IN OS 463/2002 ON THE FILE OF THE
FIRST ADDITIONAL CIVIL JUDGE JR. DN. BELAGAVI IN ITS
ENTIRETY.

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

                            ORDER

Though the name of appellant is called out thrice in

the open Court, there is no representation on behalf of

appellant either through video conferencing or in person.

The appeal is listed today for orders regarding Court

notice report received from Principal District and Sessions

Judge, Belagavi.

The appellant is Shri Om Builders and it was

represented by counsel Sri.M.G.Naganuri. In view of demise

of learned counsel Sri.M.G.Naganuri, Court notice was

issued to the appellant on 06.09.2022.

The report from Principal District and Sessions Judge,

Belagavi depicts that the Court notice sent to appellant was

personally served on 10.10.2022.

Suffice it to note that the appellant has not made any

efforts to appear before the Court personally or through

video conferencing or has made arrangement to engage the

service of counsel.

As already noted above, though the name of appellant

is called out thrice in the open Court, there is no

representation on behalf of appellant either through video

conferencing or in person. Hence, the Regular Second

Appeal is dismissed for non-prosecution.

Sd/-

JUDGE TKN