Bhimanagouda S/O Ningappa Patil vs Neelanjanadevi W/O Bhimanagouda Patil ...
2023 Latest Caselaw 11094 Kant

Karnataka High Court

Bhimanagouda S/O Ningappa Patil vs Neelanjanadevi W/O Bhimanagouda Patil ... on 19 December, 2023

                                             -1-
                                                    NC: 2023:KHC-K:9293
                                                       RSA No. 7306 of 2013




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                        DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                           BEFORE

                             THE HON'BLE MRS JUSTICE M G UMA

                   REGULAR SECOND APPEAL NO. 7306 OF 2013 (DEC/INJ)

                   BETWEEN:
                   1.   BHIMANAGOUDA S/O NINGAPPA PATIL
                        AGE: 54 YEARS, OCC: SERVICE,
                        R/O: NEAR PANCHINAYYAR DARGA TALIKOTI,
                        TQ. MUDDEBIHAL, DIST. BIJAPUR-586212.

                   2.   BASAVVA W/O NINGAPPA PATIL
                        AGE: 84 YEARS, OCC: HOUSEHOLD WORK,
                        R/O: NEAR PANCHINAYYAR DARGA TALIKOTI,
                        TQ. MUDDEBIHAL, DIST. BIJAPUR-586212.
                                                              ...PETITIONERS

                   (BY SRI GANESH NAIK, ADV. FOR A1; V/O DATED 30.08.2023
                   APPEAL OF APPELLANT NO.2 IS ABATED)

Digitally signed   AND:
by SWETA
KULKARNI
Location: HIGH     1.   NEELANJANADEVI, W/O BHIMANAGOUDA PATIL
COURT OF
KARNATAKA               AGE: 49 YEARS, OCC: SERVICE,
                        R/O: HEBBAL, TQ. BASAVANA BAGEWADI,
                        DIST. BIJAPUR-586203.

                   2.   GURURAJ, S/O BHIMANAGOUDA PATIL
                        AGE: 24 YEARS, OCC: STUDENT,
                        R/O: HEBBAL, TQ. BASAVANA BAGEWADI,
                        DIST. BIJAPUR-586203.

                   3.   SANGANAGOUDA,
                        S/O BASANAGOUDA PATIL(BIRADAR)
                        AGE: 74 YEARS, OCC: PENSIONER
                                 -2-
                                         NC: 2023:KHC-K:9293
                                              RSA No. 7306 of 2013




    R/O C/O SHIVALINGAPPAGOUDA
    SANGAPPAGOUDA PATIL, TALIKOTI, TQ.
    MUDDEBIHAL, DIST. BIJAPUR-586212.
                                                     ...RESPONDENTS

(BY SRI PRAVEEN RAIKOTE, ADV. FOR R1 & R2)
     THIS RSA IS FILED U/S. 100 OF THE CPC, PRAYING TO
ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
DECREE DATED 22.07.2013 PASSED IN R.A.NO.80/2008 BY
THE PRL. DISTRICT JUDGE, BIJAPUR AND CONSEQUENTLY
RESTORE THE JUDGMENT AND DECREE DATED 16.04.2008
PASSED IN O.S. NO.79/2001 BY THE CIVIL JUDGE (SR.DN.),
MUDDEBIHAL, WITH COST THROUGHOUT, IN THE INTEREST
OF JUSTICE AND EQUITY.

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

                             JUDGMENT

Learned counsel for the appellants is absent. There is no

representation. Even on the last date, there was no

representation.

The appeal is of the year 2013. The appeal preferred by

the appellant No.2 is already dismissed as abated.

I do not find any reason to keep the appeal pending as

ten years have already lapsed. Hence, the appeal is dismissed

for default i.e., for non-prosecution.

Sd/-

JUDGE