Basavaraj @ Basappa S/O Bheemanna ... vs Doddadurgappa S/O Sabanna Talgur And ...
2024 Latest Caselaw 19580 Kant

Karnataka High Court

Basavaraj @ Basappa S/O Bheemanna ... vs Doddadurgappa S/O Sabanna Talgur And ... on 5 August, 2024

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                                                          NC: 2024:KHC-K:5662
                                                       RSA No. 200257 of 2015




                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                            DATED THIS THE 5TH DAY OF AUGUST, 2024

                                             BEFORE
                        THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                          REGULAR SECOND APPEAL NO.200257 OF 2015
                                           (DEC/INJ)
                   BETWEEN:

                   1.    BASAVARAJ @ BASAPPA
                         S/O BHEEMANNA TALGUR,
                         AGED ABOUT 57 YEARS, OCC: COOLIE,
                         R/O KARDAL, TQ. CHITTAPUR,
                         DIST. KALABURAGI-585102.

                   2.    NAGANNA S/O BHEEMANNA TALGUR
                         AGED ABOUT 49 YEARS, OCC: COOLIE,
                         R/O KARDAL, TQ. CHITTAPUR,
                         DIST. KALABURAGI-585102.

Digitally signed
by RENUKA                                                       ...APPELLANTS
Location: HIGH     (APPELLANT NO.2 SERVED THROUGH COURT NOTICE;
COURT OF
KARNATAKA          APPELLANT NO.1 IS DEAD)

                   AND:

                   1.    DODDADURGAPPA
                         S/O SABANNA TALGUR,
                         AGE: 54 YEARS, OCC: COOLIE.

                   2.    BHEEMANNA
                         S/O AYYANNA TALGUR,
                         AGED ABOUT 42 YEARS,
                         OCC: AGRICULTURE.
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                                        NC: 2024:KHC-K:5662
                                   RSA No. 200257 of 2015




3.   SABANNA
     S/O NAGAPPA TALGUR,
     AGED 40 YEARS, OCC: COOLIE,

     ALL ARE R/O KARDAL,
     TQ. CHITTAPUR,
     DIST. KALABURAGI-585102.


                                           ...RESPONDENTS

(BY SMT. SHARADA R. PATIL, ADVOCATE FOR R1 TO R3)


      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT AND DECREE DATED 15.10.2014, PASSED IN
R.A.NO.21/2013, ON THE FILE OF THE SENIOR CIVIL JUDGE AT
CHITTAPUR, WHEREIN THE JUDGMENT AND DECREE DATED
25.04.2013, PASSED IN O.S.NO.47/2010, ON THE FILE OF THE
CIVIL JUDGE AT CHITTAPUR, IS CONFIRMED .


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:



CORAM:    HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                     ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

It is submitted that appellant No.1 is reported to be

dead. Notice sent to appellant No.2 is returned with an

NC: 2024:KHC-K:5662

endorsement as 'party left the address'. The names of

appellants No.1 and 2 are shown in the cause-list. There

is no representation for the appellants. Hence, the appeal

is dismissed for non-prosecution.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

RSP

CT:PK