Dastagirsab vs Fakeerappa
2023 Latest Caselaw 7779 Kant

                                                   -1-
                                                             NC: 2023:KHC-D:13380
                                                            RSA No. 100454 of 2016




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                               DATED THIS THE 17TH DAY OF NOVEMBER, 2023
                                                 BEFORE
                                 THE HON'BLE MR JUSTICE H.P.SANDESH

                                REGULAR SECOND APPEAL NO.100454 OF 2016
                        BETWEEN:
                        1.   DASTAGIRSAB
                             S/O. NANASAB KUNNIBHAVI,
                             AGE: 71 YEARS, OCC: BUSINESS,
                             R/O: DIDDI ONI, OLD-HUBBALLI-24,
                             DIST: DHARWAD.

                        2.   ALTAF AHMED
                             S/O. DASTAGIRSAB KUNNIBHAVI,
                             AGE: 33 YEARS, OCC: BUSINESS,
                             R/O: DIDDI ONI, OLD-HUBBALLI-24,
                             DIST: DHARWAD.
                                                                     ...APPELLANTS
                        (APPELLANTS - ABSENT)


                        AND:
                        1.   FAKEERAPPA
Digitally signed by K        S/O. HANUMANTAPPA REDDY,
M SOMASHEKAR
Location: HIGH
COURT OF
                             AGE: 59 YEARS, OCC: RAILWAY EMPLOYEE,
KARNATAKA
DHARWAD BENCH                R/O: DIDDI ONI, OLD-HUBBALLI-24,
Date: 2023.11.21
14:52:22 +0530               DIST: DHARWAD.

                        2.   TULASABAI
                             D/O. HANUMANTAPPA REDDY,
                             AGE: 51 YEARS, OCC: TEACHER,
                             R/O: DIDDI ONI, OLD-HUBBALLI-24,
                             DIST: DHARWAD.
                                                                  ...RESPONDENTS
                        (BY SRI. VENKATESH N. KALAHAL, SRI.P.G.KULKARNI AND
                                 SRI.S.K.RANJANAGI, ADVOCATES FOR
                                    CAVEAT RESPONDENTS NO.1 AND 2 - ABSENT)
                              -2-
                                       NC: 2023:KHC-D:13380
                                      RSA No. 100454 of 2016




     THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
PRAYING TO, SETTING ASIDE THE JUDGMENT AND DECREE
PASSED IN RA.NO.27/2012 DATED 18.03.2016 ON THE FILE OF
THE II ADDITONAL SENIOR CIVIL JUDGE HUBBALLI IN SO FAR
ALLOWING THE CLAIM MADE IN OS NO.611/2008 VIDE
COMMON     JUDGMENT   AND    DECREE   PASSED   IN    OS
NO.610/2008 AND OS NO.611/2008 ON THE FILE OF
PRINCIPAL CIVIL JUDGE HUBBALLI DATED 07.02.2012, AND
ALLOW THE APPEAL WITH COSTS AND PASS SUCH OTHER
SUITABLE ORDER AS THIS HONBLE COURT DEEMS FIT, IN THE
INTEREST OF JUSTICE AND EQUITY.

    THIS RSA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                          JUDGMENT

The counsel for the appellant has filed a Memo, dated

07.06.2023 seeking permission to retire from the case. In

support of having returned the entire appeal papers with

'no objection' to engage other counsel, learned counsel

has also produced an acknowledgment signed by appellant

No.2 on his behalf and on behalf of his father i.e.,

appellant No.1. The said acknowledgment is dated

05.06.2023. Hence, the counsel is permitted to retire.

Though the entire file of this appeal along with

'no-objection' was received on behalf of appellant No.2

NC: 2023:KHC-D:13380 RSA No. 100454 of 2016

and his father i.e., appellant No.1 on 05.06.2023 itself, till

today, i.e., even after lapse of five months, no counsel is

engaged by the appellants. Hence, it is clear that the

appellants are not having any interest in pursuing the

matter by engaging a counsel. Therefore, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

KMS