Devappa Shivappa Kurabageri vs Shrinivasgouda Manjunathgouda ...
2023 Latest Caselaw 3155 Kant

                                                        -1-
                                                                   RSA No. 5093 of 2012




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                     DATED THIS THE 12TH DAY OF JUNE, 2023

                                                       BEFORE
                               THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                             REGULAR SECOND APPEAL NO. 5093 OF 2012 (MON-)
                        BETWEEN:
                        1.     DEVAPPA SHIVAPPA KURABAGERI
                               AGE : 61 YEARS, OCC: AGRICULTURE,
                               R/O. CHIKKAHANDIGOL-582 205,
                               TQ AND DIST : GADAG.
                                                                            ...APPELLANT
                        (BY SRI. S.P PATIL ADV., AND
                        SRI. S.V. DESHAPANDE, ADV., ABSENT)

                        AND:
                        1.     SHRINIVASGOUDA MANJUNATHGOUDA
                               PARVATGOUDAR
                               AGE : 46 YEARS,
                               OCC: AGRICULTURE AND TRADE
                               R/O. TAGORE ROAD, GADAG-582 101.
                                                                          ...RESPONDENT
                        (BY SRI. G. I. GACHCHINAMATH, ADVOCATE)
           Digitally
YASHAVANT  signed by
NARAYANKAR YASHAVANT
           NARAYANKAR           THIS RSA IS FILED UNDER SECTION 100 READ WITH
                        ORDER XLII RULE 1 OF CPC AGAINST THE JUDGMENT AND
                        DECREE DATED 12.12.2011 PASSED IN R.A.NO.46/2006 ON THE
                        FILE    OF    THE   DISTRICT   AND    SESSIONS   JUDGE,   GADAG,
                        ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT DATED
                        31.08.2006 AND THE DECREE PASSED IN O.S.NO.73/2000 ON
                        THE FILE OF THE CIVIL JUDGE (SR.DN) AND CJM, GADAG,
                        DISMISING THE SUIT FILED OR RECOVERY OF MONEY.
                              -2-
                                        RSA No. 5093 of 2012




      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,

THE COURT PASSED THE FOLLOWING:

                           ORDER

The learned counsel for the Appellant called out absent

even during the second call at 4.40 p.m.

The learned counsel for the respondent is present.

Matter is pending since 2012. It appears that the

appellant is not interested in prosecuting the matter. Hence,

the appeal stands dismissed for non-prosecution.

Sd/-

JUDGE

YAN