Shashidhar S/O Basagondappa ... vs Iranna S/O Kallappa Yadawannavar
2024 Latest Caselaw 12388 Kant

Karnataka High Court

Shashidhar S/O Basagondappa ... vs Iranna S/O Kallappa Yadawannavar on 4 June, 2024

                                            -1-
                                                   NC: 2024:KHC-K:3566
                                                      RSA No. 7064 of 2012




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                           DATED THIS THE 4TH DAY OF JUNE, 2024

                                          BEFORE

                          THE HON'BLE Mrs JUSTICE K S HEMALEKHA

                   REGULAR SECOND APPEAL NO.7064 OF 2012 (DEC/INJ)

                   BETWEEN:

                   SHASHIDHAR,
                   S/O BASAGONDAPPA YADWANNAVAR,
                   AGE: 43 YEARS, OCC: STUDENT,
                   R/O. KAMANKHAN BAZAR,
                   BIJAPUR-586 101.
                   REPRESENTED BY HIS SP HOLDER,
                   SRI UMESH S/O BASAGONDAPPA YADAWANNAVAR,
                   AGE: 33 YEARS,
                   R/O. KUMANKHAN BAZAR,
                   BIJAPUR-586 101.


                                                              ...APPELLANT
                   (ABSENT)
Digitally signed
by SWETA
KULKARNI           AND:
Location: High
Court of
Karnataka          IRANNA S/O KALLAPPA YADAWANNAVAR,
                   AGE: 47 YEARS, OCC: SERVICE,
                   R/O. KAMANKHAN BAZAR,
                   BIJAPUR-586 101.

                                                            ...RESPONDENT
                   (BY SRI SANGANABASAVA B. PATIL, ADVOCATE)

                        THIS RSA IS FILED U/S. 100 OF THE CPC, PRAYING TO
                   APPEAL MAY KINDLY BE ALLOWED BY SETTING ASIDE
                   JUDGMENT AND DECREE DATED 12.06.2007 PASSED IN O.S.
                   NO.30/1998 BY THE LEARNED 2ND ADDITIONAL CIVIL JUDGE
                               -2-
                                    NC: 2024:KHC-K:3566
                                       RSA No. 7064 of 2012




(JR.DN.)  BIJAPUR AND    WHICH  IS  CONFIRMED    IN
R.A.NO.108/2007 DATED 09.11.2011 BY LEARNED 3RD
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC BIJAPUR AND
CONSEQUENTLY DISMISS THE SUIT OF THE PLAINTIFF WITH
COST THROUGHOUT AND ETC.

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


                         JUDGMENT

On 15.03.2024 Court notice was issued to the

appellant subsequently on 15.04.2024 this Court noticed

that the Court notice is duly served on the appellant and

though, the appellant is been called in the open Court

there is no representation. However, in the interest of

justice, the matter was directed to be listed after summer

vacation' 2024.

2. On 27.05.2024 this Court directed the Registry

to show the name of the appellant in the cause list.

3. Today the name of the appellant is shown in the

cause list, there is no representation on behalf of the

appellant.

NC: 2024:KHC-K:3566

4. It appears that appellant has no interest in

prosecuting this appeal. The second appeal is of the year

2012.

5. This Court has no other option than to dismiss

the appeal for non prosecution. Accordingly, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

AT

CT: VD