Petu vs Ningu
2023 Latest Caselaw 2768 Kant

                                                -1-
                                                             RSA No. 656 of 2003




                         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. 656 OF 2003 (DEC-)
                    BETWEEN:

                          SRI. PETU
                          ADOPTED S/O BOMMU GOUDA
                          AGE: 51 YEARS, OCC: AGRICULTURE,
                          R/O: TALAGADDE, TALUKA ANKOLA,
                          DIST: UTTARA KANNADA.

                                                                     ...APPELLANT

                    (BY SRI. SHIVARAJ S BALLOLI, ADVOCATE-ABSENT)

                    AND:

                    1.     SRI. NINGU S/O SUKUR GOUDA
                           SINCE DECEASED REPRESENTED BY HIS LRS

                    1.A    SMT. SAVITRI
                           W/O NINGU GOWDA
        Digitally
SUJATA  signed by          AGE: 65 YEARS, OCC: HOUSEHOLD WORK,
SUBHASH SUJATA
PAMMAR SUBHASH             R/O: BELSE, TQ: ANKOLA,
        PAMMAR
                           DIST: UTTARA KANNADA-581353.

                    1.B    SMT. SHALINI
                           S/O NAGAPPA GOUDA
                           AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
                           R/O: AT POST BELSE, TQ: ANKOLA.
                           DIST: UTTARA KANNADA-581353.

                    1.C    SMT. SHANA @ SHYAMALA
                           W/O LOKESH GOUDA,
                           AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
                           R/O: AT POST BELSE, TQ: ANKOLA.
                              -2-
                                           RSA No. 656 of 2003




      DIST: UTTARA KANNADA-581353.

1.D SUKRU
    S/O NINGU GOUDA
    AGE: 30 YEARS,
    OCC: AGRICULTURE,
    R/O: AT POST BELSE, TQ: ANKOLA,
    DIST: UTTARA KANNADA-581353.

1.E   SURESH
      S/O NINGU GOUDA
      AGE: 28 YEARS, OCC: AGRICULTURE,
      R/O: AT POST BELSE, TQ: ANKOLA,
      DIST: UTTARA KANNADA-581353.

1.F   GULABI
      W/O RAMESH GOUDA
      AGE: 25 YEARS, OCC: HOUSEHOLD WORK,
      R/O:BIJJUR, AT POST BIJJUR,
      TQ: GOKARNA,
      DIST: UTTARA KANNADA-581326.

                                                 ...RESPONDENTS

(R1(A), R1(B), R1(C), R1(E), R1(F)-ARE SERVED;
R1(D)-HELD SUFFICIENT)

      THIS RSA FILED U/S.100 OF CPC AGAINST THE JUDGMENT
AND DECREE DATED 9.4.2003 PASSED IN R.A.NO.71/2000 ON
THE FILE OF THE PRL. CIVIL JUDGE, SR.DN., KARWAR, U.K.,
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND
DECREE DATED 20.6.2000 PASSED IN O.S.NO.86/1993 ON THE
FILE OF THE CIVIL JUDGE, JR.DN., ANKOLA.


      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                              -3-
                                         RSA No. 656 of 2003




                           ORDER

There is no representation on behalf of the appellant.

Even during morning hours, there was no representation.

The appeal is pending since 2003. Inspite of lapse of 20

years, no interest is being shown to prosecute the appeal.

On 22.08.2023, this Court passed peremptory order granting

time as a final chance. Inspite of the same, the appellant has

not shown any interest in prosecuting the appeal. It is

evident from the records that the appellant is not interested

in prosecuting the matter. As such, the appeal stands

dismissed for non-prosecution.

Sd/-

JUDGE

YAN