Smt. Paribai vs Sri.Hanumanthappa
2023 Latest Caselaw 2034 Kant

                                                -1-
                                                        RSA No. 2073 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 27TH DAY OF MARCH, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 2073 OF 2017 (DEC)

                   BETWEEN:

                   1.    SMT.PARIBAI
                         W/O BASAVARAJA NAIK
                         AGED ABOUT 53 YEARS,
                         RESIDENT OF JYOTHIPURA VILLAGE,
                         JAGALUR TALUK
                         DAVANAGERE DISTRICT-577 528
                                                            ...APPELLANT
                          (BY SRI. ANAND MUTTALLI., ADVOCATE [ABSENT])
                   AND:

                   1.    SRI.HANUMANTHAPPA
                         S/O SANNA BORAPPA
                         AGED ABOUT 54 YEARS,
                   2.    SRI RAJAPPA
Digitally signed         S/O HANUMANTHAPPA
by SHARANYA T
Location: HIGH           AGED ABOUT 30 YEARS,
COURT OF
KARNATAKA          3.    SRI ANJINAPPA
                         S/O HANUMANTHAPPA
                         AGED ABOUT 26 YEARS,
                         RESPONDENTS 1 TO 3 ARE
                         RESIDING AT TAMALEHALLI VILLAGE,
                         HANUMANTHAPURA POST, JAGALUR TALUK
                         DAVANAGERE DISTRICT-577 528.
                   4.    SRI KRISHNAPPA
                         S/O SANNA BORAPPA
                         AGED ABOUT 48 YEARS,
                         RESIDENT OF JYOTHIPURA
                         VILLAGE, JAGALUR TALUK
                         DAVANAGERE DISTRICT-577 528.
                                                             ...RESPONDENTS
                           (R1, R2 & R4 ARE SERVED AND UNREPRESENTED)
                                   -2-
                                            RSA No. 2073 of 2017




     THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 10.03.2017 PASSED IN
R.A.NO.53/2015 ON THE FILE OF I ADDL. SENIOR CIVIL
JUDGE, DAVANAGERE, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 02.05.2015
PASSED IN O.S.NO.108/2010 ON THE FILE OF THE CIVIL
JUDGE & JMFC, JAGALUR.
    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                               ORDER

This Court, vide order dated 09.10.2019 issued emergent

notice to the respondents and notice was served against

respondent Nos.1, 2 and 4 and not served against respondent

No.3. When the matter was listed for furnishing PF against

respondent No.3, submission was made before this Court that

PF is paid. Hence, this Court ordered to issue notice to

respondent No.3. On verification, it is seen that PF has not

been paid and false submission is made before the Court.

Today also, learned counsel for the appellant is absent

and not furnished PF to issue notice to respondent No.3.

Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

ST