M/S Karnataka Food And Civil ... vs K Virupakshappa S/O Siddaiah
2023 Latest Caselaw 7619 Kant

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                                           NC: 2023:KHC-D:13020-DB
                                                  RFA No. 100599 of 2022




                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                      DATED THIS THE 8TH DAY OF NOVEMBER, 2023

                                       PRESENT
                         THE HON'BLE MR JUSTICE H.P.SANDESH
                                          AND
                   THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                   REGULAR FIRST APPEAL NO. 100599 OF 2022 (MON)


              BETWEEN:

              M/S KARNATAKA FOOD AND CIVIL
              SUPPLIES CORPORATION LIMITED
              NO.16/1, MILLERS TANK BED AREA,
              VASANTHANAGAR, BENGALURU,
              REPRESENTED BY ITS DISTRICT MANAGER,
              KARNATAKA FOOD AND CIVIL
              SUPPLIES CORPORATION LTD., BALLARI
                                                             ...APPELLANT

              (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE)

              AND:

              1.   K. VIRUPAKSHAPPA S/O. SIDDAIAH,
                   AGED ABOUT: 70 YEARS,
YASHAVANT          PRESENTLY WORKING AS DISTRICT MANAGER
NARAYANKAR         KARNATAKA FOOD AND CIVIL SUPPLIES
                   CORPORATION KARNATAKA,
                   OLD DEPUTY COMMISSIONERS OFFICE, KARWAR-583101.
Digitally signed
by YASHAVANT 2.    S. PANDURANGA S/O. S. MALLAPPA,
NARAYANKAR
                   AGED ABOUT 61 YEARS, OCC: DEPOT-MANAGER,
Date: 2023.11.10
11:52:01 +0530     DISTRICT MANAGERS OFFICE,
                   KARNATAKA FOOD AND CIVIL SUPPLIES
                   CORPORATION LIMITED, APMC YARD,
                   CHITRADURGA-577501.
                                                          ...RESPONDENTS

                    THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96 OF
              CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
              22.12.2021 PASSED IN O.S.NO.217/2011 ON THE FILE OF THE
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                                 NC: 2023:KHC-D:13020-DB
                                          RFA No. 100599 of 2022




PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,
BALLARI, AND ALLOW THE SUIT IN O.S. NO.217/2011 IN ENTIRETY
BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND
EQUITY.

     THIS APPEAL, COMING ON FOR ORDERS,                  THIS    DAY,
H.P.SANDESH, J., DELIVERED THE FOLLOWING:

                            JUDGMENT

Notices issued against respondents 1 and 2 were returned

in the month of April-2023 as not served and thereafter matter

was listed twice before the Court on 10.08.2023 and

19.09.2023. Though sufficient time was given to take steps, no

steps are taken and the appellant's counsel is not diligent in

pursuing the appeal. Hence, the appeal stands dismissed for

non-taking of steps as against respondents 1 and 2.

Sd/-

JUDGE

Sd/-

JUDGE

YAN