Rachanna vs Chanabasappa And Anr
2024 Latest Caselaw 196 Kant

Karnataka High Court

Rachanna vs Chanabasappa And Anr on 3 January, 2024

                                             -1-
                                                          NC: 2024:KHC-K:88
                                                     RSA No. 200089 of 2017




                             IN THE HIGH COURT OF KARNATAKA,

                                    KALABURAGI BENCH

                          DATED THIS THE 3RD DAY OF JANUARY, 2024

                                          BEFORE
                           THE HON'BLE MR JUSTICE E.S.INDIRESH

                      REGULAR SECOND APPEAL NO. 200089 OF 2017
                                     (DEC/INJ)
                   BETWEEN:

                   RACHANNA S/O BASANGOUDA MALIPATIL,
                   AGED ABOUT : 45 YEARS, OCC: AGRICULTURE,
                   R/O BOMNALLI AT PRESENT BANATI KAMBA AREA,
                   SEDAM-585 222, TQ. SEDAM,
                   DIST. KALABURAGI
                                                                 ...APPELLANT
                   (BY SRI. S.V.DESHMUKH     &     RAJA    VENKATAPPA   NAIK,
                   ADVOCATES)


                   AND:

                   1.   CHANABASAPPA S/O BASANNAGOUDA MALIPATIL,
Digitally signed
by SOMANATH             AGED ABOUT 65 YEARS, OCC: AGRICULTURE,
PENTAPPA
MITTE                   R/O BOMANALLI-585211,
Location: HIGH
COURT OF
KARNATAKA
                        TQ. CHITTAPUR, DIST. KALABURAGI

                   2.   NAGANNA S/O AYYANNA JETGI,
                        AGED ABOUT: 65 YEARS, OCC: AGRICULTURE,
                        R/O BOMANALLI-585 211,
                        TQ. CHITTAPUR, DIST. KALABURAGI.
                                                           ...RESPONDENTS
                   (BY SRI. SHIVANAND PATIL, ADVOCATE FOR R2;
                   R1-SERVED & UNREPRESENTED)
                              -2-
                                      NC: 2024:KHC-K:88
                                    RSA No. 200089 of 2017




     THIS RSA IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE, PRAYING TO ALLOW THE APPEAL, SET
ASIDE THE JUDGMENT AND DECREE DATED 06.01.2011
PASSED IN R.A.NO.185 OF 2010 BY LEARNED III ADDITIONAL
DISTRICT JUDGE, KALABURAGI CONFIRM THE JUDGMENT AND
DECREE DATED 07.08.2010 PASSED BY TRIAL COURT IN
O.S.NO.38 OF 2007 OF CIVIL JUDGE (SR.DN.), CHITTAPUR,
AND TO GRANT ANY OTHER APPROPRIATE RELIEF.

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


                         JUDGMENT

There is no representation on behalf of appellant.

Learned counsel appearing for the respondent No.2 is

present.

Perusal of the earlier order sheets would indicate

that, the appellant is not interested to pursue the appeal.

Therefore, the Regular Second Appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

SB