Sharnappa S/O Hiragappa Pujari Since ... vs Hanamanth S/O Mallappa Pujari Since ...
2023 Latest Caselaw 9203 Kant

Karnataka High Court

Sharnappa S/O Hiragappa Pujari Since ... vs Hanamanth S/O Mallappa Pujari Since ... on 4 December, 2023

                                             -1-
                                                    NC: 2023:KHC-K:8958
                                                     RSA No. 200236 of 2022




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                         DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                           BEFORE

                             THE HON'BLE MRS JUSTICE M G UMA

                        REGULAR SECOND APPEAL NO.200236 OF 2022
                                    (InJ/DEC/RES)
                   BETWEEN:
                        SHARNAPPA S/O HIRAGAPPA PUJARI
                        SINCE DECEASED BY HIS LR'S.
                   1.   MALKAVVA W/O SHARANAPPA PUJARI,
                        AGE: 62 YEARS, OCC: NIL.
                   2.   RUKKANNA S/O HIRAGAPPA PUJARI
                        AGE: 64 YEARS, OCC: AGRICULTURE,
                   3.   CHANDRAKANTH S/O SHIVARAYA PUJARI
                        AGE: 54 YEARS, OCC: AGRICULTURE,
                        BHIMASHANKAR S/O NAGAPPA PUJARI
                        SINCE DECEASED BY HIS LR'S.
                   4.   JAGADEVI
Digitally signed        W/O BHIMASHANKAR PUJARI,
by SHILPA R             AGE: 49 YEARS, OCC: AGRICULTURE,
TENIHALLI
Location: HIGH     5.   MALLIKARJUN
COURT OF                S/O BHIMASHANKAR PUJARI
KARNATAKA
                        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-585102.
                                                              ...APPELLANTS
                   (BY SRI SUBHASH MALLAPUR, ADVOCATE)
                                -2-
                                      NC: 2023:KHC-K:8958
                                        RSA No. 200236 of 2022




AND:

     HANAMANTH S/O MALLAPPA PUJARI
     SINCE DECEASED BY HIS LR'S.

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

2.   RAJKUMAR S/O HANMANTH PUJARI,
     AGE: 37 YEARS,
     OCCUPATION: AGRICULTURE.

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

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

                                                ...RESPONDENTS

      THIS RSA IS FILED U/S. 100 OF 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.03 OF 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.17/2011 AND DISMISS THE SUIT IN
O.S. NO.17/2011.
      THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

The learned counsel for the appellants prays for time.

The order sheet dated 8.11.2023 reads as under:

NC: 2023:KHC-K:8958

"Learned counsel for the appellantss is absent. No representation in spite of the matter is being passed over twice.

The appeal is of the year 2022. The matter is being listed for 5th time for compliance of office objections.

I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 04.12.2023."

In spite of that, there is no compliance of office

objections. I do not find any reason to adjourn the matter.

Hence, the appeal is dismissed for non compliance of office

objections.

Sd/-

JUDGE

SRT CT-VD