Kallappa S/O Shivappa Angadi Anr vs Shivappa S/O Kallappa Angadi Ors
2023 Latest Caselaw 2971 Kant

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                                                       RSA No. 7125 of 2011




                            IN THE HIGH COURT OF KARNATAKA
                                   KALABURAGI BENCH

                          DATED THIS THE 7TH DAY OF JUNE, 2023

                                           BEFORE
                        THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA


                             RSA NO. 7125 OF 2011 (PAR/POS)
                   BETWEEN:

                   1.   KALLAPPA S/O SHIVAPPA ANGADI,
                        AGE: 33 YEARS, OCC: AGRICULTURE
                        R/O ANOOR (K) VILLAGE
                        TQ & DIST: YADGIRI.
                   2.   SANJEEV S/O SHIVAPPA ANGADI,
                        AGE: 31 YEARS, OCC: AGRICULTURE
                        R/O ANOOR (K) VILLAGE
                        TO & DIST: YADGIRI.

                                                                ...APPELALNTS
                   (NOTICE RETURNED AS UNSERVED)

                   AND:
Digitally signed
by RAMESH
MATHAPATI          1.   SHIVAPPA S/O KALLAPPA ANGADI
Location: HIGH          AGE: 67 YEARS, OCC: AGRICULTURE
COURT OF                R/O ANOOR (K) VILLAGE
KARNATAKA
                        TQ & DIST: YADGIR AT PRESENT BIJAPUR.
                   2.   SIDDALINGAPPA
                        S/O HANMANTHARAYA POLICE PATIL
                        AGE: 75 YEARS, OCC: AGRICULTURE
                        R/O ANOOR (K) VILLAGE
                        TQ & DIST: YADGIR.
                   3.   BASAVANTHARAYA
                        S/O HANMANTHARAYA POLICE PATIL
                        AGE: 65 YEARS, OCC: AGRICULTURE
                        R/O ANOOR (K) VILLAGE
                        TQ & DIST: YADGIR.
                             -2-
                                      RSA No. 7125 of 2011




4.  AMEENREDDY S/O SIDDALINGAPPA POLICE PATIL
    AGE: 54 YEARS, OCC: AGRICULTURE
    R/O BASAVESHWAR NAGAR
    STATION AREA OF YADGIRI TOWN
    TQ & DIST: YADGIR.
5. VISHWANATHREDDY
    S/O SIDDALINGAPPA POLICE PATIL
    AGE: 51 YEARS, OCC: AGRICULTURE
    R/O ANOOR (K) VILLAGE
    TQ & DIST: YADGIR.
6. VENKATREDDY S/O BASAVANTHRARA POLICE PATIL
    AGE: 49 YEARS, OCC: AGRICULTURE
    R/O ANOOR (K) VILLAGE
    TQ & DIST: YADGIR.
                                        ...RESPONDENTS
(BY SRI. B C JAKA, ADVOCATE FOR R1
 SRI. B.D. HANGARKI ADVOCATE FOR R2 TO R6)


     THIS RSA IS FILLED UNDER SECTION 100 OF CPC,

PRAYING THAT THE SECOND APPEAL MAY KINDLY BE ALLOWED

BY SETTING ASIDE THE JUDGMENT AND DECREE DATED

03.01.2011 PASSED IN R.A.NO.12/2010 BY THE CIVIL JUDGE

(SR.DN)   YADGIR,   BY   CONFIRMING   THE   JUDGMENT   AND

DECREE DATED 12.03.2010 PASSED IN O.S. NO. 149/2006 BY

THE CIVIL JUDGE (JR.DN), YADGIR AND CONSEQUENTLY

DECREE THE SUIT OF THE PLAINTIFFS WITH COST THROUGHT,

IN THE INTEREST OF JUSTICE AND EQUITY.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                                  RSA No. 7125 of 2011




                                  JUDGMENT

1. The Court notice was ordered to the appellants since

their counsel had been elevated as a judge of this Court.

Court notice sent by the registrar have been returned with

the endorsement that they are not residing in the address

given in the appeal memo. The registrar would be unable

to secure the address of the appellants and would have to

be go by the address i.e., mentioned in the appeal memo.

2. Learned counsel for the respondent No.1 also

submits that he is not aware about the whereabouts of the

appellants who are his children as the first respondent is

not in good terms with them. In this situation, this Court

has no other alternative but to dismiss the appeal for non-

prosecution.

Sd/-

JUDGE MSR