Basawaraj S/O Late Shivalingappa ... vs Bandawwa W/O Late Shivalingappa ...
2023 Latest Caselaw 1925 Kant

                                             -1-
                                                         RSA No. 7203 of 2012




                            IN THE HIGH COURT OF KARNATAKA,

                                    KALABURAGI BENCH

                        DATED THIS THE 17TH DAY OF MARCH, 2023

                                          BEFORE
                            THE HON'BLE MR JUSTICE C M JOSHI

                   REGULAR SECOND APPEAL NO. 7203 OF 2012 (PAR-)


                   BETWEEN:

                   1.   BASAWARAJ
                        S/O LATE SHIVALINGAPPA KABANE
                        AGE: 34 YEARS OCC: AGRICULTURE
                        R/O VILLAGE YELSANGI
                        TQ. ALAND, DIST: GULBARGA.
                                                                ...APPELLANT
                   (BY SRI. S.S. SAJJANSHETTY,ADVOCATE)
                   AND:
                   1.   BANDAWWA
Digitally signed        W/O LATE SHIVALINGAPPA KABANE
by SOMANATH
PENTAPPA
MITTE
                        AGE: 74 YEARS OCC AGRICULTURE
Location: High
Court of                R/O YELSANGI, TQ. ALAND
Karnataka
                        NOW R/O C/O H.E. 2234/3/1
                        CHAMUNDESHWAR NAGAR,
                        UDNOOR ROAD,
                        SANTOSH COLONY, GULBARGA-585302.

                   2.   KASTURIBAI
                        W/O MAHANTAPPA JEWNRE
                        AGE: 49 YEARS OCC: HOUSEHOLD
                        R/O NEHRU NAGAR, SOLAPUR-413007.
                           -2-
                                   RSA No. 7203 of 2012




3.   CHOUDAPPA
     W/O LATE SHIVALINGAPPA
     AGED ABOUT 51 YEARS
     OCC: VILLAGE ACCOUNTANT
     R/O C/O H.E. - 12234/3/1
     CHAMUNDESHWAR NAGAR,
     UDNOOR ROAD
     SANTOSH COLONY, GULBARGA-585302.

4.   PREMILA
     W/O BASAWARAJ ALMAD
     AGED ABOUT 49 YEARS OCC: HOUSEHOLD
     R/O VILLAGE NAGOOR
     TQ. AKKALKOT, DIST. SOLAPUR-413007.

5.   SRIKANT S/O LATE SHIVALINGAPPA KABANE
     AGED ABOUT 36 YEARS OCC: AGRICULTURE
     R/O C/O H.E. - 1- 2234/3/1
     CHAMUNDESHWAR NAGAR,
     UDNOOR ROAD
     SANTOSH COLONY, GULBARGA-585302.

                                        ...RESPONDENTS
(NOTICE TO R1 AND R5 SERVED;
V/O DATED 5-6-2017 SERVICE OF NOTICE TO R2 IS HELD
SUFFICIENT;V/O DATED 1-3-2023 APPEAL AGAINST R3 IS
ABATED, V/O DATED 20-2-2014 SERVICE OF NOTICE TO R1 IS
DISPENSED WITH)

     THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 24.03.2012 PASSED IN R.A.
NO. 186/2010 ON THE FILE OF THE IV ADDL. DIST JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND DECREE DATED 30.07.2010 PASSED IN O.S.
NO. 16/2008 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
ALAND WAS CONFIRMED.

     THIS APPEAL COMING ON FOR ADMISSION,         THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                               -3-
                                          RSA No. 7203 of 2012




                           JUDGMENT

None appears for the appellant.

2. On 1-3-2023, this Court had passed the following

order:

"Learned counsel for the appellant is present and

seeks adjournment.

It is noted by this Court that in the year 2019 that

the legal representatives of respondent No.3 are to

be brought on record. Despite ample opportunities,

the appellant has not taken any steps. Hence,

appeal against respondent No.3 is already stood

abated. The question as to whether the right to sue

survives is kept open and list the matter at its next

stage in the 3rd week of March, 2023."

Even then the matter is posted today. It is found that

no steps have been taken in respect of deceased

respondent No.3 who was the contesting defendant No.3

before the Trial Court. There being no representation on

behalf of the appellant, the Court is constrained to proceed

RSA No. 7203 of 2012

with the matter. The appeal do not survive against the

other respondents, as the respondent No.3 was the sole

contesting party in the matter. Hence, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

tsn*