Smt Hampamma W/O Huchchayya ... vs Somayya
2023 Latest Caselaw 3032 Kant

                                                   -1-
                                                              RSA No. 919 of 2012




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                  DATED THIS THE 8TH DAY OF JUNE, 2023

                                                 BEFORE
                               THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                              REGULAR SECOND APPEAL NO. 919 OF 2012 (INJ-)

                        BETWEEN:

                        1.    SMT HAMPAMMA
                              W/O HUCHCHAYYA MATHAD
                              AGE: MAJOR,
                              OCC: AGRICULTURE & HOUSEWIFE,
                              R/O MANGALORE,
                              TQ: YELBURGA,
                              DIST: KOPPAL-583236.
                              SINCE DECEASED BY LRS
                        1.A
                              HUCHAYYA
                              S/O GAVIYAPPAYYA HIREMATH
                              AGE:54 YEARS,
                              OCC: AGRICULTURE,
                              R/O MANGALORE,
                              TQ: YELBURGA,
                              DIST: KOPPAL-583236.
           Digitally
YASHAVANT  signed by
NARAYANKAR YASHAVANT
           NARAYANKAR
                        1.B SIDAMMA
                            D/O HUCHCHAYYA HIREMATH
                            AGE: 32 YEARS,
                            OCC: AGRICULTURE,
                            R/O MANGALORE,
                            TQ: YELBURGA,
                            DIST: KOPPAL-583236.

                                                                    ...APPELLANTS

                        (BY SRI. MRUTYUNJAYA, ADVOCATE-ABSENT)
                             -2-
                                      RSA No. 919 of 2012




AND:

1.   SOMAYYA
     S/O ANDANAYYA HIREMATH
     AGE: MAJOR,
     OCC: AGRICULTURE,
     R/O MANGALORE,
     TQ: YELBURGA,
     DIST: KOPPAL-583236.

2.   SMT. MAHADEVAMMA
     W/O SOMAYYA HIREMATH
     AGE: MAJOR,
     OCC: HOUSEWIFE,
     R/O MANGALORE,
     TQ: YELBURGA,
     DIST: KOPPAL-583236.

3.   ANDANAYYA
     S/O SOMAYYA HIREMATH
     AGE: MAJOR,
     OCC: AGRICULTURE,
     R/O MANGALORE,
     TQ: YELBURGA,
     DIST: KOPPAL-583236.

                                          ...RESPONDENTS

(BY SRI. S.G.KADADAKATTI FOR R1 TO R3, ADVOCATE-ABSENT)

     THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED:07.03.2012 PASSED IN
R.A.NO.03/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE,
YELBURGA, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED: 11.02.2010 PASSED IN
O.S.NO.56/1998 ON THE FILE OF THE CIVIL JUDGE (JR.DN),
YELBURGA.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                                  -3-
                                            RSA No. 919 of 2012




                               ORDER

Learned counsel for the appellants is absent. On the

last date of hearing also there was no representation on

behalf of the learned counsel for the appellants. The

matter is pending since 2012. It appears that the

appellants are not having any interest in prosecuting the

matter. Hence, the appeal stands dismissed for

non-prosecution.

Sd/-

JUDGE

SSP