Sharnappa S/O Hiragappa Pujari ... vs Hanamanth S/O Mallappa Pujari ...
2023 Latest Caselaw 6132 Kant

                                                -1-
                                                      NC: 2023:KHC-K:6886
                                                       RSA No. 200053 of 2022




                               IN THE HIGH COURT OF KARNATAKA
                                      KALABURAGI BENCH
                           DATED THIS THE 30TH DAY OF AUGUST, 2023
                                            BEFORE
                           THE HON'BLE MRS JUSTICE K S HEMALEKHA
                        REGULAR SECOND APPEAL NO.200053 OF 2022 (INJ)
                   BETWEEN:


                         SHARNAPPA
                         S/O HIRAGAPPA PUJARI
                         SINCE DECEASED BY HIS LRS
                   1. MALKAVVA
                      W/O SHARANAPPA PUJARI
                      AGE: 62 YEARS
                      OCC: NIL

                   2.    RUKKANNA
                         S/O HIRAGAPPA PUJARI
                         AGE: 64 YEARS
                         OCC: AGRICULTURE

Digitally signed
by SHYAMALA        3.    CHANDRAKANTH
Location: HIGH           S/O SHIVARAYA PUJARI
COURT OF
KARNATAKA                AGE: 54 YEARS
                         OCC: AGRICULTURE

                         BHIMASHANKAR
                         S/O NAGAPPA PUJARI
                         SINCE DECEASED BY HIS LRS
                   4.    JAGADEVI
                         W/O BHIMASHANKAR PUJARI
                         AGE: 49 YEARS
                         OCC: AGRICULTURE
                            -2-
                                 NC: 2023:KHC-K:6886
                                    RSA No. 200053 of 2022




5.   MALLIKARJUN
     S/O BHIMASHANKAR PUJARI
     AGE: 32 YEARS
     OCC: AGRICULTURE

6.   SHIVANAND
     S/O BHIMASHANKAR PUJARI
     AGE: 30 YEARS
     OCC: AGRICULTURE

7.   HANAMANTH
     S/O BHIMASHANKAR PUJARI
     AGE: 21 YEARS
     OCC: AGRICULTURE

     ALL ARE R/O HEERAPUR VILLAGE
     TQ. DIST: KALABURAGI

                                             ...APPELLANTS
(BY SRI. SUBHASH MALLAPUR, ADVOCATE)
AND:
     HANAMANTH
     S/O MALLAPPA PUJARI
     SINCE DECEASED BY HIS LRS

1.   SULOCHANA
     W/O HANMANTH PUJARI
     AGE: 59 YEARS
     OCC: AGRICULTURE

2.   RAJKUMAR
     S/O HANMANTH PUJARI
     AGE: 37 YEARS
     OCC: AGRICULTURE
                               -3-
                                     NC: 2023:KHC-K:6886
                                          RSA No. 200053 of 2022




3.   SHIVAKUMAR
     S/O HANMANTH PUJARI
     AGE: 34 YEARS
     OCC: AGRICULTURE

     ALL ARE R/O HEERAPUR VILLAGE
     TQ. DIST: KALABURAGI- 585102.
                                                   ...RESPONDENTS


      THIS RSA IS FILED U/S 100 CPC, PRAYING TO ALLOW
THE TOP NOTED SECOND APPEAL BY SETTING ASIDE THE
JUDGMENT AND DECREE DATED 01.04.2021 PASSED BY THE
LEARNED II ADDL. SENIOR CIVIL JUDGE, KALABURAGI IN
R.A.NO.02/2019, BY ALLOWING THE APPEAL AND THEREBY
SETTING   ASIDE   THE    JUDGMENT          AND     DECREE   DATED
03.11.2018   PASSED     BY   THE    III    ADDL.    CIVIL   JUDGE,
KALABURAGI IN O.S.NO.46/2011 AND DECREE THE SUIT IN
O.S.NO.46/2011 AS PRAYED FOR, IN THE INTEREST OF
JUSTICE AND EQUITY.

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


                         JUDGMENT

This court vide order dated 14.02.2023 at the

request of learned counsel for the appellants, granted two

weeks time for compliance of office objections with a

condition that if office objections were not complied within

NC: 2023:KHC-K:6886 RSA No. 200053 of 2022

stipulated period, further orders including dismissal of the

appeal would be passed.

2. Today the matter is listed. The office objections

remained unattended in spite of granting sufficient

opportunity. Hence, this court has no other option than to

dismiss the appeal for non-compliance of office objections.

Accordingly, the appeal is dismissed for non-

compliance of office objections.

Sd/-

JUDGE

BL