Smt.Sharadabai W/O. Sureshappa ... vs Basappa @ Basavaraj
2023 Latest Caselaw 11309 Kant

Karnataka High Court

Smt.Sharadabai W/O. Sureshappa ... vs Basappa @ Basavaraj on 20 December, 2023

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                               NC: 2023:KHC-D:14948-DB
                                                        RFA No. 100128 of 2018




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 20TH DAY OF DECEMBER, 2023

                                            PRESENT
                              THE HON'BLE MR JUSTICE H.P.SANDESH
                                              AND
                        THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                         REGULAR FIRST APPEAL NO. 100128 OF 2018 (SP)


                   BETWEEN:

                   1.   SMT. SHARADABAI W/O. SURESHAPPA KARIGOUDRU
                        AGED ABOUT 69 YEARS, OCC:AGRICULTURE,
                        R/O: DAMBALA, TQ:MUNDARGI,
                        DIST:GADAG.-582101.

                   2.   SRI UDAYAKUMAR S. KARIGOUDRU
                        S/O. SURESHAPPA KARIGPUDAR,
                        AGED ABOUT 51 YEARS,
                        OCC:AGRICULTURE AND SECUTIRY OFFICER
                        R/O: DAMBALA, TQ:MUNDARGI,
                        DIST:GADAG.-582101.

                   3.   SRI ASHOK S. KARIGOUDRU
                        S/O. SURESHAPPA KARIGODAR,
                        AGED ABOUT 49 YEARS,
YASHAVANT               OCC:AGRICULTURE AND BUSINESS,
NARAYANKAR              R/O: DAMBALA, TQ:MUNDARGI,
                        DIST:GADAG.-582101.

Digitally signed   4.   SRI RAJU S. KARIGOUDRU
by YASHAVANT            S/O. SURESHAPPA KARIGOUDAR,
NARAYANKAR
Date: 2023.12.21
                        AGED ABOUT 47 YEARS,
13:10:45 +0530          OCC:AGRICULTURE AND BUSINESS,
                        R/O: DAMBALA, TQ:MUNDARGI,
                        DIST:GADAG.-582101.
                                                                  ...APPELLANTS

                   (BY SRI. SADIQ N. GOODWALA, ADVOCATE)
                                 -2-
                                NC: 2023:KHC-D:14948-DB
                                          RFA No. 100128 of 2018




AND:

BASAPPA @ BASAVARAJ
S/O. MALLAPPA MUDIYAJJANAVAR,
AGED ABOUT 55 YERS,
OCC:AGRICUALTURE,
R/O: HALUVAGALU,
TQ:HARAPANAHALLI,
DIST:DAVANAGERE.-577001
                                                      ...RESPONDENT

(BY SRI. B.K. MALLIGAWAD, ADVOCATE)


     THIS REGULAR FIRST APPEAL FILED UNDER SEC. 96 OF CPC.,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED:20.02.2018 PASSED IN O.S.NO.64/2013 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, GADAG.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
H.P.SANDESH, J., DELIVERED THE FOLLOWING:


                               ORDER

Appellants' counsel is absent. The counsel for

respondent is present.

2. This matter was listed for final hearing before

this Bench on 10.11.2023 and the appellants' counsel was

absent, hence ordered to list this matter on 23.11.2023.

The matter was not reached on 23.11.2023. The matter

was listed on 08.12.2023, once again the appellants'

counsel was absent. This Court taken note of his absence

NC: 2023:KHC-D:14948-DB

on previous dates of hearing, however in the ends of

justice given one more opportunity to the appellants'

counsel to appear before the Court on 14.12.2023 and

argue the matter and it is made clear that if the counsel

for appellants remain absent before the Court on the next

date of hearing, the matter will be dismissed for non

prosecution. On 14.12.2023 the matter was not reached

and today also appellants' counsel is absent.

3. The appellants' counsel is not pursuing the

matter diligently and has continuously not appeared before

the Court. Hence, in view of the order dated 08.12.2023,

the appeal is dismissed for non prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

SMM