Basavaraj And Anr vs Sri Shrishail
2023 Latest Caselaw 1188 Kant

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        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH

   DATED THIS THE 3RD DAY OF FEBRUARY, 2023

                       BEFORE

      THE HON'BLE MR.JUSTICE C.M.POONACHA

                RFA No.200025/2019

BETWEEN

1. BASAVARAJ
S/O RAMACHANDRA KALKUTKAR
AGE ABOUT 39 YEARS, OCC: AGRICULTURE,
R/O ALMATTI. R.S,, B.BAGEWADI TQ.
DIST. BIJAPUR.

2. BASAVARAJ S/O YAMANAPPA ILAGAR
AGED ABOUT 44 YEARS,
OCC: AGRICULTURE,
R/O VANDALL, B.BAGEWADI TQ.
DIST. BIJAPUR.
                                        ...APPELLANTS

(BY SRI R. KOTHWAL, ADVOCATE)

AND

SRI SHRISHAIL S/O GATTEPPA PASAR,
AGE:ABOUT 53 YEARS,
AGRICULTURIST,
R/O GIRISAGAR, TQ. BILAGI
DIST. BAGALKOT.
                                        ...RESPONDENT

(BY SRI SUDHEER KULKARNI, ADVOCATE)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.10.2018
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PASSED IN O.S.NO.15/2012 AND GRANT SUCH OTHER RELIEF
OR RELIEFS AS THIS COURT DEEMS FIT TO GRANT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE.

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

                         JUDGMENT

None appears for the appellants in the morning

session as well as in the afternoon session.

2. It is noticed that despite the order dated

12.01.2023, there is no representation on behalf of

the appellants. On 12.01.2023, after noticing all the

earlier proceedings in the matter, as a final

opportunity, a week's time was granted. Despite the

same, office objections were not complied with. On

23.01.2023, there was no appearance on behalf of the

appellants. However, as a final chance, the matter

was adjourned to this date on payment of cost of

`500/-. Neither the cost has been paid nor the office

objections have been complied with.

In view of the aforementioned, no useful

purpose will be served by granting further time.

Hence, the above appeal is dismissed for non

prosecution.

SD/-

JUDGE

Srt