Sri Dasappa S/O Late Hanumappa vs Sri Doddadasappa
2023 Latest Caselaw 2940 Kant

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                                                      NC: 2023:KHC:19195
                                                         RSA No. 2831 of 2010




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 6TH DAY OF JUNE, 2023

                                             BEFORE
                       THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                      REGULAR SECOND APPEAL NO. 2831 OF 2010 (DEC/INJ)
                      BETWEEN:

                         SRI. DASAPPA
                         S/O LATE HANUMAPPA
                         AGED ABOUT 56 YEARS
                         R/AT KAMANDAHALLI VILLAGE
                         ROBERTSONPET HOBLI
                         BANGARPET TALUK
                         KOLAR DISTRICT-563 101.
                                                                 ...APPELLANT
                      (BY SRI. S Y KUMBAR.,ADVOCATE, ABSENT)

                      AND:

                         SRI. DODDADASAPPA
                         S/O VENKATAPPA
Digitally signed by
                         AGED ABOUT 61 YEARS
LAKSHMINARAYANA          ROBERTSONPET HOBLI
MURTHY RAJASHRI
Location: HIGH           BANGARPET TALUK
COURT OF                 KOLAR DISTRICT
KARNATAKA
                         PIN CODE - 563 101.


                                                               ...RESPONDENT


                           THIS RSA IS FILED U/S.100 OF CPC PRAYING TO SET
                      ASIDE THE JUDGMENT AND DECREE DTD 16.08.2010 PASSED
                      IN R.A.NO.19/2004 ON THE FILE THE ADDL. SENIOR CIVIL
                      JUDGE AND JMFC., K.G.F., DISMISSING THE APPEAL FILED
                      AGAINST THE JUDGMENT AND DECREE DTD 07.04.2004
                      PASSED IN O.S.NO.285/2002 ON THE FILE OF THE II-ADDL.
                      CIVIL JUDGE, (JR. DN.), K.G.F.
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                                      NC: 2023:KHC:19195
                                        RSA No. 2831 of 2010




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


                          JUDGMENT

None appears for the appellant even when the matter

is taken up for the second time in the afternoon session.

2. Requisites are not furnished for issue of notice on

I.A. No. 1/2014 since 16.03.2021. Therefore, I.A. No.

1/2014 is dismissed for non-prosecution.

3. In view of dismissal of I.A. No. 1/2014 the appeal

against the legal representatives of deceased respondent

is abated. Accordingly, the appeal is dismissed.

Sd/-

JUDGE

LRS