Moulasab S/O Huseinsab Naregal vs Channabasappa S/O Dyamanagouda ...
2023 Latest Caselaw 1189 Kant

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                                       RSA No. 5629 of 2010

     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

         DATED THIS THE 3RD DAY OF FEBRUARY, 2023

                          BEFORE

          THE HON'BLE MR JUSTICE UMESH M ADIGA

         REGULAR SECOND APPEAL NO. 5629 OF 2010

BETWEEN:

1.    MOULASAB S/O HUSEINSAB NAREGAL
      SINCE DECEASED BY HIS LRS

1A. IBRAHIMSAB S/O MOULASAB NAREGAL
    AGED: MAJOR, OCC: COOLIE,
    R/O: SAVANUR ROAD, SHIGGAON, DIST: HAVERI.

1B. ABDUL SATTARIBRAHIMSAB S/O MOULASAB NAREGAL
    AGE: MAJOR, OCC: COOLIE, R/O: SAVANUR ROAD,
    SHIGGAON, DIST: HAVERI.

1C. ABDULGANI S/O MOULASAB NAREGAL
     AGE: MAJOR, OCC: COOLIE, R/O: MAKANDAR GALLI,
     SHIGGAON, DIST: HAVERI.
                                               ...APPELLANTS
(BY SRI. RAVI HEGDE AND I.D.JALGAR, ADVOCATES)

AND:

CHANNABASAPPA S/O DYAMANAGOUDA PATIL
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: KANKANAWAD, TQ: SHIGGAON,
DIST: HAVERI.
                                              ...RESPONDENT
(BY SRI. N.P.VIVEKMEHTA, ADVOCATE)

     THIS RSA IS FILED UNDER SECTION 100 OF C.P.C., AGAINST
THE JUDGEMENT & DECREE DATED 12.04.2010 PASSED IN
R.A.NO.110/2005 ON THE FILE OF THE DISTRICT AND SESSIONS
JUDGE (FAST TRACK COURT) AT HAVERI, DISMISSING THE APPEAL,
FILED AGAINST THE JUDGMENT DATED 06.06.2005 AND THE
DECREE PASSED IN O.S.NO.9/1995 ON THE FILE OF THE CIVIL
JUDGE (SR.DN.), HAVERI, DECREEING THE SUIT FILED FOR
SPECIFIC PERFORMANCE.
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                                           RSA No. 5629 of 2010

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

                           ORDER

None appears for the appellants.

Advocate for respondent is present.

Sufficient time is granted. However, on the previous

occasion also there was no representation on behalf of the

appellant and the matter was adjourned as a last chance.

In view of the same, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

RSH