Sulochana W/O Shivaraya Maratha vs Vithalrao S/O Siddhappa Maratha Ors
2024 Latest Caselaw 15197 Kant

Karnataka High Court

Sulochana W/O Shivaraya Maratha vs Vithalrao S/O Siddhappa Maratha Ors on 1 July, 2024

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                                                     NC: 2024:KHC-K:4531
                                                        RSA No. 7216 of 2011




                               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.7216 OF 2011 (PAR)

                   BETWEEN:

                   SULOCHANA W/O SHIVARAYA MARATHA,
                   AGE: 34 YEARS, OCC: HOUSE HOLD,
                   R/O. MALGHAN,
                   TQ. CHITTAPUR,
                   DIST. GULBARGA-585 102.
                                                                ...APPELLANT

                   (BY SMT. SULOCHANA (ABSENT)

                   AND:

                   1.      VITHALRAO S/O SIDDHAPPA MARATHA,
                           SINCE DECEASED BY LR'S.
Digitally signed
by SWETA
KULKARNI           1(a)    LAXMIBAI W/O NARAYANRAO,
Location: High
Court of                   AGE: 35 YEARS, OCC: HOUSEHOLD,
Karnataka                  R/O. RAMTEERTH, TQ. CHINCHOLI,
                           DIST. GULBARGA-585 102.

                   1(b). SARASWATI W/O HANAMANTHRAO,
                         AGE: 32 YEARS, OCC: HOUSEHOLD,
                         TQ & DIST. GULBARGA-585 102.

                   1(c).   ANNAPURNA W/O TUKARAM,
                           AGE: 30 YEARS, OCC: HOUSEHOLD,
                           R/O. PETH SIROOR,
                           TQ. CHITTAPUR,
                           DIST. GULBARGA-585 102.
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                                 NC: 2024:KHC-K:4531
                                     RSA No. 7216 of 2011




2.    SMT. SONABAI W/O VITHALRAO,
      AGE: 66 YEARS, OCC: HOUSEHOLD,
      R/O. H. NO. 74, MALGHAN VILLAGE,
      TQ. CHITTAPUR,
      DIST. GULBARGA-585 102.

3.    SHANKAR S/O VITHALRAO,
      AGE: 31 YEARS, OCC.AGRICULTURE,
      R/O. H. NO. 74, MALGHAN VILLAGE
      TQ. CHITTAPUR,
      DIST. GULBARGA-585 102.

4.    VIKRAM S/O VITHALRAO,
      AGE: 26 YEARS, OCC.AGRICULTURE,
      R/O. H. NO. 74, MALGHAN VILLAGE,
      TQ. CHITTAPUR,
      DIST. GULBARGA-585 102.

                                           ...RESPONDENTS

(BY SRI B D HANGARKI, SRI K.B. HANGARKI AND
    SRI S.B. HANGARKI, ADVS FOR R1(b), R1(c), R2,
    C/R-3 AND R4)

     THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW

THIS APPEAL AND SET ASIDE THE JUDGMENT AND DECREE

PASSED IN R.A. NO.42/2010 PASSED BY THE PRINCIPAL

DISTRICT JUDGE, GULBARGA CONFIRMING THE JUDGMENT

AND DECREE PASSED DATED 21.01.2010 IN O.S.NO.113/2003

PASSED BY THE CIVIL JUDGE (SR.DN.) CHITTAPUR AND ETC.



     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
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                                   NC: 2024:KHC-K:4531
                                       RSA No. 7216 of 2011




                        JUDGMENT

Court notice issued to the appellant has returned

with bailiff report, reporting that appellant is not residing

at the said address.

2. Appeal is of the year 2011, it appears that the

appellant is not interested in prosecuting the appeal. This

Court has no other option than to dismiss the appeal for

non-prosecution.

3. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

AT