Smt Palled Sangamma W/O Doddappa vs T Chakravarti Naik
2023 Latest Caselaw 7582 Kant

                                                           -1-
                                                                 NC: 2023:KHC-D:12913
                                                                      RSA No. 773 of 2007




                              IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                     DATED THIS THE 6TH DAY OF NOVEMBER, 2023

                                                       BEFORE
                                      THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                                  REGULAR SECOND APPEAL NO.773 OF 2007 (INJ)
                              BETWEEN:
                              SMT. PALLED SANGAMMA, W/O DODDAPPA,
                              AGED: 43 YEARS, OCC: HOUSEHOLD,
                              R/O: GANGAVATHI, NOW AT
                              BELLARY, THROUGH HER G.P.A. HOLDER
                              SRI. G.NAGAPPA, S/O HIRE NAGAPPA,
                              72 YEARS, OCC: AGRIL,
                              R/O. GANGAVATHI, PINCODE:583 227,
                              DIST: KOPPAL.
                                                                              ...APPELLANT
                              (BY SRI. B. SHARANABASAWA, ADVOCATE)
           Digitally signed
           by VISHAL
         NINGAPPA
                              AND:
VISHAL   PATTIHAL
NINGAPPA Date:                T. CHAKRAVARTI NAIK,
PATTIHAL 2023.11.08
           11:27:31
           +0530              S/O MALLA NAIK,
                              AGED ABOUT 69 YEARS,
                              R/O. ANNUR GOURAMMA CAMP.,
                              OCC: BUSINESS AND AGRIL.,
                              GANGAVATHI, DIST: KOPPAL
                              PINCODE-653 227.
                                                                            ...RESPONDENT
                              (BY SRI. BASAVARAJ GODACHI, ADVOCATE)

                                   THIS REGULAR SECOND APPEAL IS FILED U/S. 100 OF CPC
                              AGAINST THE JUDGMENT AND DECREE DTD: 19.12.2006 PASSED IN
                              R.A.NO. 7/2006 ON THE FILE OF THE CIVIL JUDGE, (SR.DN.)
                              GANGAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE
                              JUDGMENT AND DECREE DTD 17.12.2005 PASSED IN OS 70/2001
                              ON THE FILE OF THE ADL. CIVIL JUDGE (JR.DN.) AND JMFC.,
                              GANGAVATHI.

                                    THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS,
                              THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                -2-
                                     NC: 2023:KHC-D:12913
                                           RSA No. 773 of 2007




                          JUDGMENT

Learned counsel for the appellant has not taken steps in

respect of deceased GPA holder who appears for the appellant.

Though sufficient opportunities were afforded to the

appellant vide order dated 14.09.2021 and 20.10.2022.

It appears that the appellant is not interested in

prosecuting the appeal. This Court has no other option than to

dismiss the appeal for non-prosecution.

In view of the aforementioned, the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

PJ/ CT-Umd