Dattatrya S/O Nagappa Rompalli Ors vs Sadguru Dattanand Swamy Anr
2024 Latest Caselaw 12390 Kant

Karnataka High Court

Dattatrya S/O Nagappa Rompalli Ors vs Sadguru Dattanand Swamy Anr on 4 June, 2024

                                              -1-
                                                    NC: 2024:KHC-K:3564
                                                       RSA No. 7111 of 2011




                              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.7111 OF 2011 (INJ)

                   BETWEEN:

                   1.   DATTATRYA S/O NAGAPPA ROMPALLI,
                        AGE: 58 YEARS, OCC: AGRI. LABOUR.

                   2.   OMNATH S/O DATTATRAYA,
                        AGE: 33 YEARS,
                        GRAM PANCHAYAT MEMBER.

                   3.   NAGANNA S/O RAMANNA ROMPALLI,
                        53 YEARS, MAISSION.

                   4.   RAMCHANDRA S/O BHIMANNA ROMPALLI,
                        AGE: 59 YEARS, OCC: GOVT. SERVANT.

                        ALL ARE RESIDENT AT VILLAGE TADLAPUR,
Digitally signed        TQ. BIDAR.
by SWETA
KULKARNI
Location: High
Court of
Karnataka                                                       ...APPELLANTS
                   (APPELLANTS ARE ABSENT)

                   AND:

                   1.   SRI. SADGURU DATTANAND SWAMY
                        SAMSTHAN DATTA NAGAR, TADLAPUR
                        THROUGH ITS MUTTAWALI
                        SRI. GURUNATH S/O LATE GANPATI MAHARAJ
                        AGE: 38 YEARS, MUTTAWALI
                        R/O : TADLAPUR, TQ. BIDAR.
                                -2-
                                     NC: 2024:KHC-K:3564
                                         RSA No. 7111 of 2011




2.   KANTEPPA S/O SHESHAPPA ROMPALLI
     AGE: 33 YEARS, OCC: AGRI. LABOUR
     R/O VILLAGE TADLAPUR,
     TQ. BIDAR.


                                                ...RESPONDENTS
(NOTICE TO R2-SERVEED)

     THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO
SETTING ASIDE THE JUDGMENT AND DECREE DATED
15.12.2010 PASSED R.A.NO.2/2008 (OLD) R.A.NO.94/2010 BY
THE PRESIDING OFFICER, FAST TRACK COURT BIDAR, AND
RESTORE THE JUDGMENT AND DECREE DATED 10.12.2007
PASSED     O.S.NO.151/2005    BY   THE    ADDL.   CIVIL
JUDGE(JR.DN.), BIDAR AND ETC.

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

                           JUDGMENT

This Court issued Court notice to the appellants on

12.03.2024. Appellant Nos.1, 3 and 4 are served and they

are called out in the open Court.

2. There is no representation on behalf of

appellant Nos.1, 3 and 4.

3. Bailiff report received from the concerned Court

stating that appellant No.2 is not served as he is reported

to be dead. Appeal stands abated as against appellant

No.2.

NC: 2024:KHC-K:3564

4. It appears that appellants have no interest in

prosecuting this appeal. This Court has no other option

than to dismiss the appeal for non prosecution.

Accordingly, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

AT

CT: VD