Parasharam S/O Devappa Dhudum vs Kanchan W/O Annappa Pasare
2023 Latest Caselaw 2701 Kant

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                                                         RSA No. 100593 of 2014




                     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 29TH DAY OF MAY, 2023

                                              BEFORE

                         THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR

                     REGULAR SECOND APPEAL NO. 100593 OF 2014 (PAR)

                    BETWEEN:

                         PARASHARAM S/O DEVAPPA DHUDUM
                         AGE: 55 YEARS, OCC: AGRICULTURE
                         R/O. KADOLI, TQ & DIST: BELGAUM-591143.

                                                                       ...APPELLANT

                    (BY SRI. PARASHURAM DEVAPPA DHUDUM-APPELLANT ABSENT)

                    AND:

                    1.   SMT. KANCHAN W/O ANNAPPA PASARE
                         AGE: 60 YEARS, OCC: HOUSEHOLD WORK
                         R/O. COP. SAVITRABAI KADAM, SAMBHAJI GALLI,
                         MAHADWAR ROAD, BELGAUM-590001.
        Digitally
SUJATA  signed by
SUBHASH SUJATA
PAMMAR SUBHASH
                    2.   SMT. YELLUBAI W/O MARUTI MAGNAKAR
        PAMMAR
                         AGE: 57 YEARS, OCC: HOUSEHOLD WORK
                         R/O. MACHHE, TQ: & DIST: BELGAUM-590001.

                                                                    ...RESPONDENTS

                    ( R1 AND R2 NOTICE SERVED- UNREPRESENTED)

                          THIS RSA FILED U/S.100 OF CPC, AGAINST THE JUDGMENT
                    AND DECREE DTD:23.06.2014 PASSED IN R.A.NO.43/2013 ON THE
                    FILE OF THE III ADDITIONAL DISTRICT JUDGE, BELGAUM, PARTLY
                    ALLOWING THE APPEAL, FILED AGAINST THE JUDGMENT AND
                    DECREE DTD: 15.12.2012 AND THE DECREE PASSED IN
                    O.S.NO.73/2010 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL
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                                        RSA No. 100593 of 2014




JUDGE, BELGAUM, DECREEING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                              ORDER

Appellant called out absent. Learned counsel for the

appellant filed memo for retirement on 16.08.2022 by serving a

copy of retirement notice on the appellant. Inspite of service,

the appellant has not shown any interest in prosecuting the

matter. On 25.05.2023, this Court has permitted the learned

counsel for the appellant to retire from the case noticing that

he has served retirement notice. The Court also granted a

week's time to the appellant to appear and prosecute the

matter but the appellant has not shown any interest in

prosecuting the matter. Hence, it is evident that the appellant

is not interested in prosecuting the matter. As such, the appeal

stands dismissed for non-prosecution.

Sd/-

JUDGE