Gurunath S/O Laxmappa Bidari vs Kasturi Bai W/O Mallappa Kasugal And Ors
2024 Latest Caselaw 19147 Kant

Karnataka High Court

Gurunath S/O Laxmappa Bidari vs Kasturi Bai W/O Mallappa Kasugal And Ors on 31 July, 2024

                                                -1-
                                                          NC: 2024:KHC-K:5547
                                                         RSA No. 7162 of 2013




                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                             DATED THIS THE 31ST DAY OF JULY, 2024

                                            BEFORE
                        THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                           REGULAR SECOND APPEAL NO.7162 OF 2013
                                         (PAR/DEC/INJ)
                   BETWEEN:

                   GURUNATH
                   S/O LAXMAPPA BIDARI,
                   AGED ABOUT 60 YEARS,
                   OCC: AGRICULTURE,
                   R/O LOHAGAON,
                   TQ. BIJAPUR-586101.


                                                                ...PETITIONER

                   (APPELLANT IS SERVED THROUGH COURT NOTICE)
Digitally signed
by RENUKA          AND:
Location: HIGH
COURT OF           1.    KASTURI BAI
KARNATAKA                W/O MALLAPPA KUSUGAL,
                         AGED ABOUT 56 YEARS,
                         OCC: HOUSEHOLD WORK,
                         R/O SECTOR NO.58,
                         PLOT NO.M-58, PLOT NO.M-37,
                         E ROAD, NAVANAGAR,
                         BAGALKOT-586103.

                   2.    HANMANT
                         S/O LAXMAPPA BIDARI,
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                                      NC: 2024:KHC-K:5547
                                     RSA No. 7162 of 2013




     AGE: 54 YEARS,
     OCC: AGRICULTURE,
     R/O S.S. FRONT ROAD,
     ABOVE REDDY BANK,
     BIJAPUR-586101.

3.   MAHESH S/O RAMACHANDRA BIDARI
     AGE: 41 YEARS,
     OCC: AGRICULTURE,
     R/O LOHAGAON,
     TQ. BIJAPUR-586101.

4.   GANGABAI W/O HEMAREDDI,
     AGED ABOUT 59 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O LOHAGAON,
     TQ. BIJAPUR-586101.

5.   MITTU S/O SHEETU LAMANI,
     AGED ABOUT 50 YEARS,
     OCC: AGRICULTURE,
     R/O DHANARGI,
     TQ. BIJAPUR-586101.

6.   MUTTAPPA S/O APPARAYA BAGALI
     AGE: MAJOR, OCC: AGRI.,
     R/O LOGANVI,
     TQ. AND DIST. BIJAPUR.

7.   VALU S/O PONNU LAMANI,
     AGE: MAJOR, OCC: AGRI.,
     R/O LOGANVI,
     TQ. AND DIST. BIJAPUR-586101.

8.   THE STATE OF KARNATAKA
     REPRESENTED BY DEPUTY COMMISSIONER,
     BIJAPUR-586101.

                                          ...RESPONDENTS

(BY SRI D. P. AMBEKAR, ADVOCATE FOR R1;
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                                           NC: 2024:KHC-K:5547
                                       RSA No. 7162 of 2013




R2, R5 AND R8 ARE SERVED;
VIDE ORDER DATED 22.04.2015, NOTICE TO R6 AND R7 ARE
DISPENSED WITH)

     THIS     REGULAR   SECOND    APPEAL     IS   FILED   UNDER
SECTION 100 OF CPC, PRAYING TO ALLOW THIS APPEAL AND
SET ASIDE THE JUDGMENT AND DECREE DATED 10.12.2012
PASSED   IN    R.A.NO.153/2008,   BY   THE    III   ADDITIONAL
DISTRICT JUDGE, BIJAPUR, CONFIRMING THE JUDGMENT AND
DECREE DATED 19.11.2008, PASSED IN O.S.NO.253/2001, BY
THE PRINCIPAL CIVIL JUDGE (SR.DN.), BIJAPUR AND TO PASS
ANY OTHER APPROPRIATE ORDER.


     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)

The Court notice was issued to the appellant, as the

Advocate on record was designated as the Senior Counsel.

Thereafter, the appellant despite service of notice has not

appeared. The appellant's name is shown in the cause-

NC: 2024:KHC-K:5547

list. Case called out none appears for the appellant. The

appeal is of the year 2013. There is no reason to grant

adjournment. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

RSP