Hanumanthappa S/O Balappa ... vs Karnataka State Co-Operative
2023 Latest Caselaw 2610 Kant

                                             -1-
                                                        RFA No. 4053 of 2012




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                          DATED THIS THE 25TH DAY OF MAY, 2023

                                          BEFORE
                               THE HON'BLE JUSTICE M.G.UMA
                       REGULAR FIRST APPEAL NO. 4053/2012 (MON)
                   BETWEEN:

                   HANUMANTHAPPA S/O BALAPPA,
                   PROPRIEATOR OF M/S SHRI KANAKACHALA,
                   AGRO SERVICE, R.G. ROAD,
                   KARATAGI-583 227, TALUK: GANGAVATHI,
                   AGE: 34 YEARS,
                   OCC: BUSINESS AND AGRICULTURE,
                   R/O: KARATKAGI - 583 227,
                   TALUK: GANGAVATHI.
                                                                ...APPELLANT
                   (BY SRI. ANAND ASHTEKAR, ADVOCATE)

                   AND:

                   KARNATAKA STATE CO-OPERATIVE,
                   MARKETING FEDERATION LTD., BANGALORE,
                   BRANCH GANGAVATHI,
                   THROUGH ITS MANAGER,
Digitally signed
by VINAYAKA        SHRI K.BASAVARAJAPPA,
BV
Location: HIGH     R/O: GANGAVATI 583 227, DIST: KOPPAL.
COURT OF
KARNATAKA                                                     ...RESPONDENT
DHARWAD
                   (BY NOTICE TO RESPONDENT IS SERVED)

                        THIS RFA IS FILED UNDER SEC.96 R/W. ORDER 41 RULE
                   1 OF CPC 1908, AGAINST THE JUDGMENT AND DECREE
                   DTD:20.01.2012 PASSED IN O.S. NO.34/2008 ON THE FILE OF
                   THE SENIOR CIVIL JUDGE AT GANGAVATHI, DECREEING THE
                   SUIT FILED FOR RECOVERY OF MONEY AND ETC.

                       THIS RFA, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT PASSED THE FOLLOWING:
                               -2-
                                          RFA No. 4053 of 2012




                            ORDER

Learned counsel Sri Anand Astekar appearing on behalf of

the appellant submits that Sri M.G. Naganuri, counsel who was

representing the appellant is no more. However, the appellants

are represented by Sri S.P. Patil. Therfore, the Court notice

was issued to the appellant and the same was served as per

the endorsement of the process staff of the trial Court. Inspite

of that there is no representation. The appeal is of the year

2012. Hence, the appeal is dismissed for default, i.e., for non-

prosecution.

SD/-

JUDGE BVV