Hanumantrao S/O Revasiddappa Patil vs Padmavathi W/O Manikrao
2023 Latest Caselaw 9375 Kant

Karnataka High Court

Hanumantrao S/O Revasiddappa Patil vs Padmavathi W/O Manikrao on 5 December, 2023

                                                  -1-
                                                         NC: 2023:KHC-K:9008
                                                            RSA No. 7096 of 2008




                                  IN THE HIGH COURT OF KARNATAKA
                                         KALABURAGI BENCH

                             DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                                BEFORE

                                  THE HON'BLE MRS JUSTICE M G UMA

                       REGULAR SECOND APPEAL NO. 7096 OF 2008 (DEC/INJ)

                      BETWEEN:

                      HANUMANTHRAO
                      S/O REVANSIDDAPPA PATIL,
                      AGE: 27 YEARS, OCC: AGRICULTURE,
                      R/O: SALEBEERNALLI, TQ: CHINCHOLI,
                      DISTRICT: GULBARGA.
                                                                      ...APPELLANT
                      (BY SRI BABURAO MANGANE, AND
                          SMT. NEEVA M. CHIMKOD, ADVOCATES)

                      AND:

                      1.   PADMAVATHI W/O MANIKRAO
                           AGE: 45 YEARS, OCC: HOUSEHOLD

                      2.   KASHAMMA W/O VAIJANATH,
                           AGE: 40 YEARS, OCC: HOUSEHOLD
Digitally signed by
SWETA KULKARNI
Location: HIGH        3.   VAIJANATH S/O IRSANGAPPA ULLAGADDI,
COURT OF
KARNATAKA                  AGE: 46 YEARS, OCC: AGRICULTURIST,

                           ALL R/O: SALEBEERNALLI, TQ: CHINCHOLI,
                           DISTRICT: GULBARGA.
                                                                    ...RESPONDENTS

                      (BY SRI ASHOK PATIL & SRI KRUPA SAGAR PATIL ADVS. FOR R1
                       TO R3; V/O DATED 27.11.2023 APPEAL AGAINST R3 IS
                       ABATED)

                           THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO SET
                      ASIDE THE JUDGMENT AND DECREE DATED 22.08.2008 PASSED
                      BY THE CIVIL JUDGE (SR.DN.) AT CHINCHOLI IN R.A. NO. 45/06
                                   -2-
                                         NC: 2023:KHC-K:9008
                                              RSA No. 7096 of 2008




BY REVERSING THE JUDGMENT AND DECREE DATED 27.01.2005
BY THE COURT OF CIVIL JUDE (JR.DN) CHINCHOLI IN O.S.
NO.110/1989, BY THE ALLOWING THE APPEAL IN THE INTEREST
OF JUSTICE.

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

                             JUDGMENT

Learned counsel for the appellant is absent. There is no

representation.

The order sheet dated 29.11.2023 reads as under:

"Learned counsel for the appellant is absent. No representation. Even on the last date of hearing, there was no representation. The appeal is of the year 2008. I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 05.12.2023'.

Inspite of that there is no representation. I do not find

any reason to adjourn the matter. Hence, the appeal is

dismissed for non-prosecution.

In view of the dismissal of the main appeal, all pending

applications are dismissed.

Sd/-

JUDGE BH