Murgeppa S/O Bheemappa Desai vs The State Of Karnataka
2023 Latest Caselaw 9376 Kant

Karnataka High Court

Murgeppa S/O Bheemappa Desai vs The State Of Karnataka on 5 December, 2023

                                             -1-
                                                      NC: 2023:KHC-K:9020
                                                         RSA No. 7230 of 2012




                             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. 7230 OF 2012 (DEC-INJ)

                   BETWEEN:

                   1.   MURGEPPA
                        S/O BHEEMAPPA DESAI,
                        (SINCE DECEASED BY HIS LRs)

                   1A. SMT.BASSAMMA
                       W/O LATE MURGEPPA DESAI,
                       AGE:78 YEARS, OCC:HOUSEWIFE,
                       R/O HUNASAGI, TQ:SHORAPUR,
                       DIST:YADGIR-585 224.

                   1B. MALLANNA
                       W/O LATE MURGEPPA DESAI,
Digitally signed
by SHILPA R            AGE:57 YEARS, OCC:AGRICULTURE,
TENIHALLI
                       R/O HUNASAGI, TQ:SHORAPUR,
Location: HIGH
COURT OF               DIST:YADGIR-585 224.
KARNATAKA
                   1C. AMARANNA
                       W/O LATE MURGEPPA DESAI,
                       AGE:55 YEARS, OCC:HOUSEWIFE,
                       R/O HUNASAGI, TQ:SHORAPUR,
                       DIST:YADGIR-585 224.

                   1D. SMT.ANNAPURNA
                       W/O BASAVARAJ MALIPATIL,
                       AGE:49 YEARS, OCC:HOUSEWIFE,
                       R/O HUNASAGI, TQ:SHORAPUR,
                               -2-
                                     NC: 2023:KHC-K:9020
                                        RSA No. 7230 of 2012




     DIST:YADGIR-585 224.

                                                 ...APPELLANTS

(BY SRI. MAHANTESH PATIL, ADVOCATE FOR A1 (A) TO (D))

AND:

1.   THE STATE OF KARNATAKA
     BY ITS REPRESENTATIVE,
     THE DEPUTY COMMISSIONER,
     YADGIR-585 224.

2.   THE ASSISTANT EXECUTIVE ENGINEER,
     U.K.P., K.B.J.N.L., SUB. DIVISION NO.6,
     HUNASAGI, TQ: SHORAPUR,
     DIST: YADGIR-585 224.

3.   THE SUB. INSPECTOR OF POLICE,
     HUNASAGI POLICE STATION,
     TQ: SHORAPUR,
     DIST: YADGIR-585 224.

4.   THE EXECUTIVE ENGINEER,
     N.L.B.C. DIVISION HUNASAGI,
     TQ: SHORAPUR,
     DIST: YADGIR-585 224.

                                               ...RESPONDENTS

(BY SRI. RAJKUMAR A. KORWAR, HCGP FOR R1 AND R3;
SRI. ARVIND KUMAR, ADV. FOR R2 AND R4)


       THIS RSA IS FILED U/S 100 OF CPC, PRYING TO ALLOW
THIS REGULAR SECOND APPEAL AND TO SET ASIDE THE
JUDGMENT     AND   DECREE     DATED:29.07.2008     PASSED    IN
O.S.NO.314/2004     BY    LEARNED     CIVIL    JUDGE   (Sr.Dn.)
SHORAPUR AND WHICH IS CONFIRMED IN R.A.NO.6/2010, BY
LEARNED    DISTRICT      JUDGE,   YADGIRI,    DISMISSING    THE
APPEAL DATED 18.04.2012 AND CONSEQUENTLY DECREE THE
                                   -3-
                                          NC: 2023:KHC-K:9020
                                               RSA No. 7230 of 2012




SUIT OF THE PLAINTIFF WITH COST, IN THE INTEREST OF
JUSTICE.

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



                             JUDGMENT

Leanred counsel for the appellants is absent. No

representation.

The order sheet dated 20.11.2023 reads as under:

"Learned counsel for the appellant is absent. No representation, even when the mater is passed over twice.

The order sheet dated 16.11.2023 reads as under;

"Counsel for the appellant prays for two days time. He undertakes to address his arguments on the next date of hearing.

List finally as a last chance on 20.11.2023."

Inspite of that, there is no representation. However, to afford one more opportunity, list the matter on 21.11.2023."

NC: 2023:KHC-K:9020

In spite of that, there is no representation. Hence, the

appeal is dismissed for default i.e., for non prosecution.

Sd/-

JUDGE

SRT