Karnataka High Court
Rachayya S/O Revanayya Hiremath And Anr vs Nimbewwa @ Nirmala W/O. Basayya ... on 30 May, 2024
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NC: 2024:KHC-K:3447
MSA No. 200010 of 2016
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K S HEMALEKHA
MISCL SECOND APPEAL NO. 200010 OF 2016 (CPC)
BETWEEN:
1. RACHAYYA S/O REVANAYYA HIREMATH,
AGE: 70 YEAR, OCC: PENSIONER,
R/O: JADAR GALLI STATION ROAD,
TALUKA AND DISTRICT VIJAYPUR-586 101.
2. IRAYYA S/O RACHAYYA HIREMATH,
AGE: 44 YEARS, OCC: PRIVATE SERVICE,
R/O: JADAR GALLI STATION ROAD,
TALUKA AND DISTRICT VIJAYPUR-586 101.
...APPELLANTS
(BY SRI A. M. DUNDASI AND SRI. RAVI G. MADABHAVI,
ADVOCATES(BOTH ABSENT))
Digitally signed
by SWETA
KULKARNI AND:
Location: High
Court of 1. NIMBEWWA @ NIRMALA, W/O BASAYYA HIREMATH,
Karnataka
AGE: 44 YEARS OCC: HOUSEHOLD WORK,
R/O: C/O S.G. MATH, N.H. PUJARI BUILDING,
MAHANTESH NAGAR, RAMADURGA,
DIST: BELGUM-590 001.
2. JAYSHREE W/O SHANKRAYYA HIREMATH,
AGE: 47 YEARS, OCC: PRIVATE SERVICE,
R/O: C/O HIREMURTAYYA HIREMATH,
GANESH NAGAR, NEAR HITTIN GIRANI
IBRAHIMPUR, VIJAYPUR-586 101.
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NC: 2024:KHC-K:3447
MSA No. 200010 of 2016
3. BHARATI W/O BASAVARAJ HIREMATH,
AGE: 45 YEARS, OCC: HH WORK,
R/O: C/O BASAVARAJ HIREMATH, 8TH MAIN,
9TH CROSS, DOOR NO.5, (WARD NO.20 IN
FRONT OF LAND MARK), NEAR NEW,
FLORENCE ENGLISH SCHOOL, SHIVANAHALLI
(RAJAJI NAGAR) BANGALORE-560 010.
4. LAXMI W/O BASAVARAJ HIREMATH,
AGE: 42 YEARS, OCC: HH WORK,
R/O: C/O BASAVARAJ HIREMATH, 8TH MAIN,
9TH CROSS, DOOR NO.5, (WARD NO.20 IN
FRONT OF LAND MARK), NEAR NEW,
FLORENCE ENGLISH SCHOOL, SHIVANAHALLI
(RAJAJI NAGAR) BANGALORE-560 010.
5. KUMARI KIRTHI D/O BASAYYA HIREMATH,
AGE: 15 YEARS, OCC: STUDENT, BEING MINOR,
REP. BY M/G SMT. ANNAPURNESHWARI,
W/O RAJASHEKHARAYYA HIREMATH, NEAR,
MALLAYYA TEMPLE, MUDHOL ROAD,
JAMKHANDI-587 301.
...RESPONDENTS
(BY SRI SHIVASHANKAR H. MANUR, ADV. FOR R1;
SRI D.P. AMBEKAR, ADV. FOR R2 AND R3;
NOTICE TO R4 IS DISPENSED WITH V/O DATED
30.03.2017; NOTICE TO R-5 SERVED)
THIS MSA IS FILED UNDER SEC. 100 R/W ORDER 43
RULE 1(u) OF CPC, PRAYING TO (a) CALL FOR LOWER COURT
RECORDS IN O.S. NO.152/2010 ON THE FILE OF II ADDL. SR.
CIVIL JUDGE AND R.A. NO.32/2014 ON THE FILE OF III ADDL.
DISTRICT JUDGE VIJAYAPUR. (b) ALLOW THIS M.S.A. BY
PERMANENTLY STOPPING THE REMAND OF R.A. NO.32/2014
DIRECTED BY III ADDL. DISTRICT JUDGE VIJAYAPUR DATED:
15.12.2015 TO REGISTER THE O.S. NO.152/2010 AND CLUB
ALONG WITH ONE MORE O.S. NO.179/2014 PENDING ON THE
FILE OF PRINCIPAL SR. CIVIL JUDGE AND CJM BIJAPUR.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:3447
MSA No. 200010 of 2016
JUDGMENT
The matter is called out twice.
Learned counsel for the respondents is present.
The Miscellaneous Second appeal is of the year 2016
and more than 8 years have lapsed.
It appears that appellants have no interest in
prosecuting this appeal.
This Court has no option then to dismiss the appeal
for non prosecution. Accordingly, the appeal is dismissed
for non prosecution.
Sd/-
JUDGE
AT
CT: VD
