Gundanagouda S/O Ayyanagouda ... vs Somawwa W/O Virupakshappa Police ...
2022 Latest Caselaw 11942 Kant

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                                   RSA No. 100477 of 2019


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

     DATED THIS THE 19TH DAY OF SEPTEMBER, 2022

                        BEFORE
       THE HON'BLE MR JUSTICE RAVI V.HOSMANI
 REGULAR SECOND APPEAL NO. 100477 OF 2019 (DEC)
BETWEEN:

1.   GUNDANAGOUDA,
     S/O AYYANAGOUDA POLICE PATIL,
     AGE: 43 YEARS, OCC: AGRICULTURE.

2.   AMAREGOUDA,
     S/O AYYENAGOUDA POLICE PATIL,
     AGE: 41 YEARS, OCC: AGRICULTURE.

3.   VIRUPANGOUDA,
     S/O AYYENAGOUDA POLICE PATIL,
     AGE: 39 YEARS, OCC: AGRICULTURE.

4.   GOWARAMMA,
     W/O AYYENAGOUDA POLICE PATIL,
     AGE: 55 YEARS, OCC: AGRICULTURE,


     ALL ARE R/O: JAGIR RAMAPUR,
     TQ: KUSHTAGI-583277,
     DIST: KOPPAL.

                                            ...APPELLANTS
(BY SRI. GOPALKRISHNA KOLLI AND
SRI PRAKASH R.BADIGER, ADVOCATES)
AND:

     SOMAWWA W/O VIRUPANGOUDA POLICE PATIL,
     SINCE DECEASED BY HER LR.
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                                   RSA No. 100477 of 2019


1.   HANAMAWWA,
     W/O DODDANGOUDA PATIL,
     AGE: MAJOR,
     OCC: AGRICULTURE,
     R/O: VANAGERI,
     TQ: KUSHTAGI-583277,
     DIST: KOPPAL.

2.   DODDAWWA,
     W/O BASARADDEPPA HOSAGERI,
     AGE: MAJOR,
     OCC: AGRICULTURE,
     NOW AT R/O: HOMMINAL,
     TQ: KISHTAGI-583277,
     DIST: KOPPAL.

                                               RESPONDENTS

      THIS   REGULAR   SECOND    APPEAL   IS   FILED   UNDER

SECTION 100 R/W ORDER XLII RULE 1 OF CODE OF CIVIL

PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE

DATED 21.03.2019 PASSED IN R.A.NO.12/2015 ON THE FILE

OF THE SENIOR CIVIL JUDGE, KUSHTAGI, DISMISSING THE

APPEAL AND CONFIRMING THE JUDGMENT AND DECREE

DATED 11.03.2010 PASSED IN O.S.NO.120/2004 ON THE FILE

OF THE CIVIL JUDGE AND J.M.F.C., KUSHTAGI, DISMISSING

THE SUIT FILED FOR DECLARATION.

      THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:
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                                       RSA No. 100477 of 2019


                             ORDER

Appeal was filed on 20.06.2019. Thereafter office

objections have remained uncomplied despite granting

sufficient opportunity on 11.09.2019, 27.01.2020,

22.08.2022 and on 05.09.2022 on cost of Rs.500/-. Till

today neither cost is paid nor office objections are

complied.

Learned counsel for appellants submits that party has

taken back file. This would indicate that appellants are not

interested in pursuing appeal. Therefore, appeal is

dismissed for non-prosecution.

SD/-

JUDGE

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