Raghavendra Acharya S/O Gurachar ... vs Shyamasundar Rao S/O Bhogendra ...
2023 Latest Caselaw 1642 Kant

                                             -1-
                                                     MFA No. 30352 of 2012




                   IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

                          DATED THIS THE 28TH DAY OF FEBRUARY, 2023

                                           BEFORE
                           THE HON'BLE MR JUSTICE G BASAVARAJA


                         MISCL. FIRST APPEAL NO. 30352 OF 2012 (CPC-)
                   BETWEEN:

                   1.   RAGHAVENDRA ACHARYA S/O GURACHAR JOSHI
                        AGE: 63 YEARS, OCC: AGRICULTURE
                        R/O BRAHMIN STREET LINGASUGUR

                   2.   RAGHAVENDRA S/O VASANT MADHAV BURLI
                        AGE: 39 YEARS, OCC: BUSINESS
                        R/O VENKATESHWAR COLONY, LINGASUGUR

                   3.   KANTHA RAO S/O GUDEA RAO MUTALIK
                        AGE: 67 YEARS,
                        OCC: AGRICULTURE & RET. GOVT SERVANT
                        R/O NEAR LAXMI TEMPLE, LINGASUGUR

Digitally signed
by RAMESH
                   4.   NARAYAN RAO S/O GOVIND RAO BIJJUR
MATHAPATI
Location: High          AGE: 42 YEARS, OCC: PWED CONTRACTOR
Court of
Karnataka
                        R/O VENKATESHWAR COLONY, LINGASUGUR

                   5.   SHYAM RAO S/O NARSING RAO DESHPANDE
                        AGE: 51 YEARS, OCC: AGRICULTURE
                        R/O KARADKAL VILLAGE TQ: LINGASUGUR

                                                               ...APPELLANTS

                   (APPELLANT NO.1 DIED
                   APPELLANT NOS.2 TO 5 SERVED [ABSENT])
                            -2-
                                    MFA No. 30352 of 2012




AND:

1.   SHYAMASUNDAR RAO
     S/O BHOGENDRA RAO MUTALIK
     AGE: 74 YEARS, OCC: GOVT SERVANT I.E.
     SUPERINTENDENT OFEXCISE
     R/O JAWAHAR NAGAR,
     NEAR KRISHNA MANDIR, RAICHUR

2.   GURURAJ RAO S/O LATE BHOGENDER RAO MUTALIK
     AGE: 44 YEARS, OCC: ADVOCATE,
     R/O OLD MAIN BAZAR, LINGASUGUR

3.   VENKTA RAO S/O GOVIND RAO KULKARNI
     AGE: 72 YEARS, OCC: AGRICULTURE
     R/O KARADKAL VILLAGE, TQ: LINGASUGUR

4.   GURURAJ RAO S/O BHOGESHWAR RAO MUTALIK
     AGE: 53 YEARS,
     OCC: AGRICULTURE & PRESS REPORTER
     R/O PINCHANPUR LINGASUGUR

                                             ...RESPONDENTS
(BY SRI. P R KULKARNI, ADVOCATE FOR R1 & R2,
R-3 AND R-4 SERVED)


     THIS MFA FILED U/S 104 OF CR.P.C., PRAYING TO SET
ASIDE THE ORDER DATED 18.6.2011 PASSED ON IA.NO.1 IN
CVL. MISC. NO- 10/2009 BY THE PRL. SESSIONS JUDGE AT
RAICHUR, AND CONSEQUENTLY ALLOW I.A.NO.1 AND GRANT
LEAVE TO SUE AGAINST THE RESPONDENTS AND PASS ANY
OTHER APPROPRIATE ORDER WHICH THE HON'BLE COURT MAY
DEEMS FIT AND PROPER.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                               -3-
                                       MFA No. 30352 of 2012




                          JUDGMENT

Again the case called out at 2.30 p.m. and also at 4.26

p.m. None present. It seems that the parties have not

interested in prosecuting this case. Hence, the appeal is

dismissed for default and non-prosecution.

Sd/-

JUDGE

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