Nagarathna D/O Sannappa vs K Hanumanthappa
2022 Latest Caselaw 12695 Kant

                                1




     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 29TH DAY OF OCTOBER, 2022

                           BEFORE

          THE HON'BLE MS. JUSTICE JYOTI MULIMANI

     REGULAR SECOND APPEAL NO.5826 OF 2010 (PAR)

BETWEEN:

1.      NAGARATHNA
        D/O SANNAPPA,
        AGED ABOUT 18 YEARS.

2.      MINOR GAYATHRI
        D/O SANNAPPA,
        SINCE DEAD BY HER LRs

        SMT.AMBAMMA
        W/O SANNAPPA,
        AGED 46 YEARS, SINCECURE,
        R/O GOOTY THOTAPPA COMPOUND
        NEAR SIDDALINGAPPA CHOWDI,
        HOSPET, BELLARY TQ & DIST - 583 102.   ...APPELLANTS

[BY SRI B.CHIDANANDA, ADVOCATE (ABSENT)]

AND:

1.      K.HANUMANTHAPPA
        S/O K.SANGAPPA,
        AGED 70 YEARS,
        OCC:AGRICULTURE,
        R/O BEERAPPA GUDI AREA,
        KURUBARAGERI, BRUCEPET,
        BELLARY - 583 102.

2.      SANNAPPA
        S/O SANJEEVAPPA,
        AGED ABOUT 52 YEARS,
                                2




      R/O GOOTY THOTAPPA COMPOUND,
      NEAR SIDDALINGAPPA CHOWKI,
      HOSPET, BELLARY
      TQ & DIST - 583 129.                    ... RESPONDENTS

(APPEAL AGAINST R1- ABATED,
 R2- SERVED AND UNREPRESENTED)

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, SET ASIDE THE JUDGMENT AND DECREE DATED
11.02.2010 PASSED BY THE COURT OF PRESIDING OFFICER,
FAST   TRACK    COURT-2,  BELLARY     IN  R.A.NO.89/2008,
REVERSING/MODIFYING THE JUDGMENT AND DECREE DATED
20.06.2008 PASSED BY THE PRL. CIVIL JUDGE (SR.DN) & CJM.,
BELLARY IN O.S.262/2004.

     THIS REGULAR SECOND APPEAL COMING ON FOR FINAL
HEARING, 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 final hearing.

As could be seen from the appeal papers, the appeal

is filed in the year 2010. Now we are in the month of

October 2022. The appeal is pending before this Court for

twelve 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

TKN