Karnataka High Court
Nathu S/O Madhu Rathod vs Dastagirsab S/O Imamsab Benkanahalli on 5 February, 2024
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NC: 2024:KHC-K:1264
RSA No. 200291 of 2016
C/W RSA No. 200292 of 2016
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO. 200291 OF 2016 (INJ)
C/W
REGULAR SECOND APPEAL NO. 200292 OF 2016
IN RSA NO.200291 OF 2016
BETWEEN:
NATHU S/O MADHU RATHOD,
AGE:43 YEARS, OCC:COOLIE,
R/O:PLOT NO.53, AT R.S NO.685/1,
KAUJALAGI TANDA, ATHANI ROAD,
VIJAYAPUR DIST:VIJAYAPUR-586101.
...APPELLANT
(BY SRI.NATHU (ABSENT), APPELLANT)
Digitally signed
by SACHIN AND:
Location: HIGH
COURT OF
KARNATAKA
1. DASTAGIRSAB S/O IMAMSAB BENAKANAHALLI
SINCE DECEASED BY HIS LRS
1.(A) MAMTAZ W/O DASTAGIR BENAKANAHALLI,
MAIDEN NAME: MAMTAZ D/O APPASAB LONI,
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O: D.D.P.I. OFFICE, VIJAYAPURA,
NOW AT R/O: HORTI PLOT, OPP.TO SAINIK SCHOOL,
MOTI GUMBAZ, VIJAYAPURA-586101.
1(B) SURAJ S/O DASTAGIR BENAKANAHALLI,
AGE: 34 YEARS, OCC: NIL,
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NC: 2024:KHC-K:1264
RSA No. 200291 of 2016
C/W RSA No. 200292 of 2016
R/O: D.D.P.I. OFFICE VIJAYAPURA,
NOW AT R/O: HORTI PLOT, OPP. TO SAINIK
SCHOOL,
MOTI GUMBAZ, VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE FOR PROPOSED
R-1(A), TO (B))
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THE APPEAL BY SEETING ASIDE THE
JUDGEMENT AND DECREE DATED 26/09/2016 PASSED IN
R.A.No.39/2016 BY THE III ADDL.SENIOR CIVIL JUDGE AT
VIJAYAPURA AND JUDGMENT AND DECREE DATED: 16.03.2016
PASSED IN O.S NO.552/2009 BY THE I ADDL.CIVIL JUDGE &
JMFC-I VIJAYAPUR.
IN RSA NO. 200292 OF 2016
BETWEEN:
NATHU S/O MADHU RATHOD,
AGE:43 YEARS, OCC:COOLIE,
R/O:PLOT NO.53, AT R.S. NO.685/1,
KAUJALAGI TANDA, ATHANI ROAD,
VIJAYAPUR, DIST:VIJAYAPUR-586101.
...APPELLANT
(BY SRI. NATHU, (ABSENT) APPELLANT)
AND:
1. DASTAGIRSAB S/O IMAMSAB BENAKANAHALLI
SINCE DECEASED BY HIS LRS
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NC: 2024:KHC-K:1264
RSA No. 200291 of 2016
C/W RSA No. 200292 of 2016
1.(A) MAMTAZ W/O DASTAGIR BENAKANAHALLI,
MAIDEN NAME: MAMTAZ D/O APPASAB LONI,
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O: D.D.P.I. OFFICE, VIJAYAPURA,
NOW AT R/O: HORTI PLOT, OPP.TO SAINIK SCHOOL,
MOTI GUMBAZ, VIJAYAPURA-586101.
1(B) SURAJ S/O DASTAGIR BENAKANAHALLI,
AGE: 34 YEARS, OCC: NIL,
R/O: D.D.P.I. OFFICE VIJAYAPURA,
NOW AT R/O: HORTI PLOT, OPP. TO SAINIK
SCHOOL,
MOTI GUMBAZ, VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE FOR PROPOSED
R-1(A), TO (B))
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYIG
TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT
AND DECREE DATED 26/09/2016, PASSED IN R.A.No.37/2016
BY THE III ADDL. SENIOR CIVIL JUDGE AT VIJAYAPURA, AND
JUDGMENT AND DECREE DATED 16.03.2016 PASSED IN
O.S.NO.552/2009, BY THE I ADDL.CIVIL JUDGE, AND JMFC-I
VIJAYAPUR.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:1264
RSA No. 200291 of 2016
C/W RSA No. 200292 of 2016
JUDGMENT
There is no representation on behalf of the
appellant in both the appeals.
Perusal of the order sheet would indicate that, on
the last date of occasion also no representation has
been made on behalf of the appellant. This would
indicate that, appellant in both the appeals are not
interested to pursue the appeals. Accordingly, both
the Regular Second Appeals are dismissed for non-
prosecution.
Sd/-
JUDGE
SB
