Ambabai W/O. Hanamantagouda ... vs Rangarao S/O. Bhimarao Kulkarni
2023 Latest Caselaw 2767 Kant

                                                 -1-
                                                           RSA No. 5264 of 2012




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 1ST DAY OF JUNE, 2023

                                              BEFORE
                           THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                     REGULAR SECOND APPEAL NO. 5264 OF 2012 (DEC/INJ-)
                    BETWEEN:

                          SMT. AMBABAI W/O. HANAMANTAGOUDA PATIL
                          AGE: 61 YEARS, OCC: AGRICULTURE,
                          R/O. TULASIGERI-587204,
                          TQ AND DIST: BAGALKOT.

                                                                     ...APPELLANT

                    (BY SRI. S P PATIL, ADVOCATE-ABSENT)

                    AND:

                    1.    SRI. RANGARAO S/O. BHIMARAO KULKARNI
                          AGE: 66 YEARS, OCC: AGRICULTURE,
                          R/O. TULASIGERI-587204,
                          TQ AND DIST: BAGALKOT.

                    2.    SRI. SHANKARRAO S/O. BHIMARAO KULKARNI
                          AGE: 69 YEARS, OCC: AGRICULTURE,
                          R/O. TULASIGERI-587204,
SUJATA
        Digitally
        signed by
                          TQ AND DIST: BAGALKOT.
SUBHASH SUJATA
PAMMAR SUBHASH
        PAMMAR
                                                                   ...RESPONDENTS

                    (BY SRI. P H GOTKHINDI FOR R1;
                    SRI. V R DATAR FOR R2, ADVOCATES)

                         THIS RSA FILED U/O.XLII RULE 1 R/W. SEC. 100 OF C.P.C.,
                    AGAINST THE JUDGEMENT & DECREE DTD:22.02.2012 PASSED IN
                    R.A.NO.45/2011 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
                    BAGALKOT, DISMISSING THE APPEAL FILED AGAINST THE
                    JUDGMENT DTD:14.10.2011 AND THE DECREE PASSED IN OS
                    NO.94/2009 ON THE FILE OF THE PRIL. CIVIL JUDGE & J.M.F.C.,
                    BAGALKOT, DISMISSING THE SUIT FILED FOR DECLARATION AND
                    PERMANENT INJUNCTION.
                                 -2-
                                          RSA No. 5264 of 2012




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

                              ORDER

There is no representation on behalf of the appellant

even during second call. The appeal is pending since 2012

and the appellants have not shown any interest in

prosecuting the matter. The learned counsel for respondent

No.1 is present. Looking to the conduct of the appellant, it is

evident that the appellants are not interested in prosecuting

the appeal. Hence, the appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE