Sangayya And Ors vs Smt. Parwati W/O Neelakantayya ...
2023 Latest Caselaw 3559 Kant

                                                -1-
                                                       NC: 2023:KHC-K:1363
                                                        RSA No. 200229 of 2018




                                IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                              DATED THIS THE 21ST DAY OF JUNE, 2023

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


                       REGULAR SECOND APPEAL NO. 200229 OF 2018 (DEC)
                      BETWEEN:

                      1.   SANGAYYA S/O BASAYYA MULLAMATH,
                           AGE: 52 YEARS, OCC: PRIVATE WORK COOLIE,
                           R/O ALMEL, TQ: SINDAGI,
                           DIST :VIJAYAPUR - 586101.

                      2.   SHIVAWWA @ SHIVAMMA
                           D/O BASAYYA MULLAMATH (DECEASED),


                      3.   SMT. SHAKUNTALA W/O MALLAYYA MULLAMATH,
                           AGE: 61 YEARS, OCC : HOUSEHOLD,
                           R/O INDI, TQ: INDI,
Digitally signed by        DIST :VIJAYAPUR - 586101.
SACHIN
Location: HIGH
COURT OF              3.   SMT. MALLAMMA W/O IRAYYA HIREMATH,
KARNATAKA
                           AGE: 65 YEARS, OCC: HOUSEHOLD WORK,
                           R/O GUTTARAGI, TQ: SINDAGI,
                           DIST :VIJAYAPUR - 586101.

                                                                 ...APPELLANTS

                      (BY SRI K.N.TIMMAPUR AND SRI N.L.MALLI, ADVOCATES)

                      AND:

                      1.   SMT. PARWATI W/O NEELAKANTAYYA MULLAMATH,
                           AGE: 56 YEARS, OCC: PRIVATE WORK,
                              -2-
                                    NC: 2023:KHC-K:1363
                                     RSA No. 200229 of 2018




     R/O ALMEL, TQ: SINDAGI,
     DIST : VIJAYPUR - 586 101.

2.   SMT. CHaNNAMMA W/O RAJASHKHAR MATH,
     AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
     R/O ALMEL, TQ: SINDAGI,
     DIST :VIJAYAPUR - 586101.

3.   SMT. DANAMMA W/O SOMASHEKHAR MATH,
     AGE:34 YEARS, OCC: HOUSEHOLD WORK,
     R/O MANDROOP, TQ AND DIST : SOLAPUR
     (MAHARASTRA State) - 413221.

4.   SHRI B.R. YANTAMANA,
     AGE: 71 YEARS, OCC: AGRICULTURE,
     R/O MADNALLI, TQ: SINDAGI,
     DIST :VIJAYAPUR - 586101.

                                                ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF THE CPC,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
04.10.2005 PASSED BY THE TRIAL COURT IN O.S.NO.77/02 ON
THE FILE OF CIVIL JUDGE (JR.DN.) AND JMFC AT SINDAGI AND
ALSO THE JUDGMENT AND DECREE IN R.A.NO.82/2007 ON THE
FILE OF SENIOR CIVIL JUDE AND JMFC AT SINDAGI DATED
26.04.2018 AND CONSEQUENTLY TO DECREE THE SUIT OF THE
PLAINTIFF IN ITS ENTIRETY IN THE INTEREST OF JUSTICE AND
EQUITY.

     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY
THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

It is noticed that there is no appearance on behalf of

the appellants eversince from the filing of the appeal. It

appears that the appellants are not interested in

NC: 2023:KHC-K:1363 RSA No. 200229 of 2018

prosecuting the appeal. Consequently, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

SN