Peerappa And Ors vs Babu And Anr
2024 Latest Caselaw 12263 Kant

Karnataka High Court

Peerappa And Ors vs Babu And Anr on 3 June, 2024

                                              -1-
                                                     NC: 2024:KHC-K:3534
                                                      RSA No. 200271 of 2018




                              IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                              DATED THIS THE 3RD DAY OF JUNE, 2024

                                            BEFORE

                          THE HON'BLE Mrs. JUSTICE K S HEMALEKHA

                         REGULAR SECOND APPEAL NO.200271/2018(DEC)


                   BETWEEN:

                   1.   PEERAPPA
                        S/O SHARANAPPA HOSAMANI,
                        AGE: 47 YEARS, OCC: AGRICULTURE,
                        R/O: TADAVALAGA, TQ: INDI,
                        DIST: VIJAYAPUR-586209.

                   2.   DHAREPPA
                        S/O SHARANAPPA HOSAMANI,
                        AGE: 47 YEARS, OCC: AGRICULTURE,
                        R/O: TADAVALAGA, TQ: INDI,
                        DIST: VIJAYAPUR-586209.
Digitally signed
by SUMITRA         3.   YALLAPPA
SHERIGAR                S/O SHARANAPPA HOSAMANI,
Location: High
Court of                AGE: 42 YEARS, OCC: AGRICULTURE,
Karnataka               R/O: TADAVALAGA, TQ: INDI,
                        DIST: VIJAYAPUR-586209.

                   4.   BASAVARAJ
                        S/O SHARANAPPA HOSAMANI,
                        AGE: 37 YEARS, OCC: AGRICULTURE,
                        R/O: TADAVALAGA, TQ: INDI,
                        DIST: VIJAYAPUR-586209.

                                                               ...APPELLANTS
                   (ABSENT)
                                -2-
                                     NC: 2024:KHC-K:3534
                                       RSA No. 200271 of 2018




AND:

1.   BABU S/O BHIMANNA @
     BHIMASHYA HOSAMANI,
     AGE: 42 YEARS, OCC: AGRICULTURE,
     R/O: TADAVALAGA, TQ: INDI,
     DIST: VIJAYAPUR-586209.

2.   DUNDAPPA S/O BHIMANNA @
     BHIMASHYA HOSAMANI,
     AGE: 39 YEARS, OCC: AGRICULTURE,
     R/O: TADAVALAGA, TQ: INDI,
     DIST: VIJAYAPUR-586209.

                                               ...RESPONDENTS
(BY SRI R.S. LAGALI, ADVOCATE)

     THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE
DATED: 01.02.2017 PASSED IN O.S.NO.424/2011 BY THE
SENIOR CIVIL JUDGE AND JMFC INDI AND VIDE JUDGMENT
AND DECREE DATED: 26.07.2018 PASSED IN R.A. NO.86/2017
BY THE I ADDL. DIST. JUDGE VIJAYAPUR AND CONSEQUENTLY
DISMISS THE SUIT OF THE PLAINTIFFS.

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


                          JUDGMENT

Taking note of the fact that the Court Notice was ordered

to the appellants on 01.03.2024 and as per the bailiff report

the appellants have been personally served on 18.03.2024.

The names of the appellants have been depicted in the cause-

list and they have been called out in the open Court.

NC: 2024:KHC-K:3534

2. Appellants have chosen to remain absent.

3. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

SBS

CT: VD