Satyawan S/O Hullajirao vs Janardhanrao S/O Sopanrao
2024 Latest Caselaw 15189 Kant

Karnataka High Court

Satyawan S/O Hullajirao vs Janardhanrao S/O Sopanrao on 1 July, 2024

                                            -1-
                                                   NC: 2024:KHC-K:4420
                                                      RSA No. 200175 of 2015




                              IN THE HIGH COURT OF KARNATAKA

                                    KALABURAGI BENCH

                           DATED THIS THE 1ST DAY OF JULY, 2024

                                          BEFORE

                          THE HON'BLE Mrs JUSTICE K S HEMALEKHA

                    REGULAR SECOND APPEAL NO.200175 OF 2015 (SSP)

                   BETWEEN:

                   SATYAWAN S/O HULLAJIRAO,
                   AGE: 59 YEARS, OCC: AGRICULTURE,
                   R/O. BADALGAON VILLAGE,
                   TQ. AURAD-B, DIST. BIDAR.

                                                                ...APPELLANT
                   (BY SRI MOGHA SUDHAKAR RAO, ADVOCATE)

                   AND:

                   JANARDHANRAO S/O SOPANARAO,
                   AGE: MAJOR OCC: AGRICULTURE,
                   R/O. BADALGAON VILLAGE,
Digitally signed
by SWETA           TQ. AURAD-B, DIST. BIDAR.
KULKARNI
Location: High
Court of                                                      ...RESPONDENT
Karnataka
                        THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO CALL
                   FOR RECORD AND FURTHER PLEASE TO DECREE THE SUIT OF
                   THE PLAINTIFF PASSED BY THE CIVIL JUDGE AND JMFC
                   AURAD-B DATED 26.08.2013 IN O.S. NO.23/2011 AND
                   CONSEQUENTLY PLEASE TO SET-ASIDE JUDGMENT AND
                   DECREE PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND CJM
                   BIDAR ITINERARY AT AURAD-B COURT IN R.A. NO.47/2013
                   DATED 16.02.2015 AND ETC.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
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                                        NC: 2024:KHC-K:4420
                                         RSA No. 200175 of 2015




                            JUDGMENT

This Court on 13.07.2017 recalled the order dated

13.11.2015 and restored the appeal subject to the

payment of cost of Rs.1,000/- payable to the Advocates

Library Fund.

2. Since 02.11.2017 no cost has been paid, in

spite of several opportunities provided to the appellant as

is evident from the order sheet, today i.e., 01.07.2024

there is no representation on behalf of the appellant as

well. It appears that the appellant is not interested in

prosecuting the appeal.

3. The order passed by this Court on 13.07.2017

is not conditional, which reads as under:

"Heard learned counsel for the appellant's. Being satisfied with the cause shown, order dated 13.11.2015, is recalled by condoning the delay of 485 days in filing the said application, subject to cost of Rs.1,000/- payable to Advocate's Library Fund, High Court of Karnataka, Kalaburagi Bench, Kalaburagi, within a week's time."

NC: 2024:KHC-K:4420

4. In light of the same, order dated 13.07.2017 is

recalled and order of dismissal dated 13.11.2015 is

restored.

Sd/-

JUDGE

AT

CT: VD