Hingulambica Co-Op Housing Society Anr vs Jayashri W/O Vithal Kunthe
2023 Latest Caselaw 9733 Kant

Karnataka High Court

Hingulambica Co-Op Housing Society Anr vs Jayashri W/O Vithal Kunthe on 7 December, 2023

                                                -1-
                                                       NC: 2023:KHC-K:9083
                                                            RSA No. 7381 of 2010




                                 IN THE HIGH COURT OF KARNATAKA
                                        KALABURAGI BENCH

                             DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                              BEFORE

                                 THE HON'BLE MRS JUSTICE M G UMA

                           REGULAR SECOND APPEAL NO.7381 OF 2010 (INJ)

                      BETWEEN:

                      1.   HINGULAMBICA CO-OP HOUSING SOCIETY,
                           BY PRESIDENT SMT. SUNANDA
                           W/O MANOHAR MAHINDRAKAR,
                           R/O: TILAK KANYA SHALA, GODBOLEMALA,
                           BIJAPUR-586101.

                      2.   SANGAPPA MALLAPPA YADAWAD
                           AGE: 41 YEARS, OCC: SERVICE
                           R/O BBA OFFICE, BAGALKOT ROAD,
                           BIJAPUR-586101.

                                                                   ...APPELLANTS

Digitally signed by   (BY SRI SOMNATH REDDY &
SWETA KULKARNI            SRI RAVINDRA REDDY, ADVOCATES)
Location: HIGH
COURT OF
KARNATAKA
                      AND:

                      1.   SMT. JAYASHRI W/O VITHAL KUNTHE,
                           AGE: 61 YEARS,
                           OCC: HOUSE HOLD WORK
                           REPRESENTED BY GPA
                           PROF. VITHAL S/O NAGAPPA KUNTHE,
                           AGE: 69 YEARS, OCC: RETD. PROFESSOR
                           R/O: H.NO.106, KHB COLONY,
                           BIJAPUR-586101.

                      2.   THE VILLAGE ACCOUNTANT,
                                  -2-
                                        NC: 2023:KHC-K:9083
                                            RSA No. 7381 of 2010




    MAHALBAGAYAT,
    BIJAPUR-586101.

                                                    ...RESPONDENTS

(BY SRI. D P AMBEKAR & SRI V.M. BIRADAR, ADVS. FOR R1;
V/O DATED 18.06.2012 NOTICE TO R2 DISPENSED WITH)

     THIS RSA IS FILED U/S. 100 OF CPC PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 27.03.2008 IN
O.S.NO.217/2003 PASSED BY THE COURT OF III ADDL. CIVIL
JUDGE (JR.DN.)       BIJAPUR, AND      JUDGMENT      AND   DECREE
DATED: 16.06.2010 IN R.A.NO.43/2008 PASSED BY THE
COURT OF THE PRL. CIVIL JUDGE (SR.DN.) BIJAPUR, AFTER
CALLING FOR RECORDS, IN THE INTEREST OF JUSTICE.


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


                            JUDGMENT

Counsel for the appellants is absent. No representation.

The order sheet dated 28.11.2023 reads as under:

"Learned counsel for the appellants is absent. No representation, even though the matter is passed over twice.

The appeal is of the year 2010. I do not find any reason to adjourn the matter. However, to afford final opportunity, list the matter on 07.12.2023."

Inspite of that, there is no representation. The appeal is

dismissed for default i.e., for non-prosecution. In view of

NC: 2023:KHC-K:9083

dismissal of the appeal, Misc.Cvl.No.155769/2010 also sands

dismissed.

Sd/-

JUDGE

SWK CT-VD