Ningappa S/O. Basatappa Suranagi vs Kamaladevi W/O. Parasappa ...
2022 Latest Caselaw 11776 Kant

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                                 RSA No. 100001 of 2019


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

     DATED THIS THE 12TH DAY OF SEPTEMBER, 2022

                        BEFORE
       THE HON'BLE MR JUSTICE RAVI V.HOSMANI
     REGULAR SECOND APPEAL NO. 100001 OF 2019
BETWEEN:

1.   NINGAPPA S/O. BASATAPPA SURANAGI
     AGE:70 YEARS, OCC:AGRICULTURIST,
     R/O. SHEELVANTA SOMAPUR,
     TQ:SHIGGAON, DIST:HAVERI.

2.   BASATAPPA S/O. NINGAPPA SURANAGI
     AGE:35 YEARS, OCC:AGRICULURE,
     R/O. HOSALLI, TQ:SAVANUR,
     DIST:HAVERI.

3.   FAKIRAPPA S/O. NINGAPPA SURANAGI
     AGE:30 YEARS, OCC:AGRICULURE,
     R/O. HOSALLI, TQ:SAVANUR,
     DIST:HAVERI.

                                          ...APPELLANTS

(BY SRI. PRASHANT V MOGALI.,ADVOCATE)

AND:

KAMALADEVI W/O. PARASAPPA SURANAGI
AGE:54 YEARS, OCC:D GROUP GOVT JOB,
C/O. YALLAPPAGOUDA PATIL,
R/O. GUDAGERI, TQ:KUNDAGOL,
DIST:DHARWAD.

                                        ...RESPONDENT
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                                    RSA No. 100001 of 2019


      THIS RSA FILED U/SEC.100 OF CPC, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 17.04.2010 IN R.A.NO.28/2009
DISMISSING THE JDUGMENT AND DECREE PASSED BY THE CIVIL
JUDGE (SR.DN.) AND CJM, HAVERI DATED 25.02.2009 IN
O.S.NO.06/2008 AND DISMISS THE SUIT OF THE PLAINTIFF/
RESPONDENT BY ALLOWING THIS APPEAL IN THE INTEREST OF
JUSTICE AND EQUITY.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
MADE FOLLOWING:
                         ORDER

Though appeal was filed in the year 2019, office

objections were not complied even after granting sufficient

opportunity. On 23.08.2022, when matter was listed for

non-compliance of office objections for third time, finally

three weeks time was granted on payment of cost of

Rs.500/-.

When matter is listed today, it is seen that cost has

not been paid. This would indicate that appellant is not

interested in pursuing appeal. Appeal is dismissed for non-

prosecution.

SD JUDGE CLK