The Union Of India vs Abraham Lincon S/O. Y. Devadanam
2024 Latest Caselaw 26634 Kant

Karnataka High Court

The Union Of India vs Abraham Lincon S/O. Y. Devadanam on 7 November, 2024

                                                -1-
                                                        NC: 2024:KHC-D:16294
                                                       RSA No. 5991 of 2012




                               IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH

                           DATED THIS THE 7TH DAY OF NOVEMBER, 2024

                                            BEFORE

                            THE HON'BLE MRS JUSTICE K.S.HEMALEKHA


                                RSA NO. 5991 OF 2012 (DEC/INJ)

                      BETWEEN:

                      1.   THE UNION OF INDIA,
                           OWNING THE SOUTH WESTERN RAILWAY
                           (S.C.R.RAILWAYS),
                           REPRESENTED BY GENERAL MANAGER,
                           NEAR OLD TIFFIN HALL,
                           SOUTH HUBBALLI,
                           NOW AT: CLUB ROAD, HUBBALLI-580022.

                      2.   THE DIVISIONAL RAILWAY MANAGER
                           SOUTH WESTERN RAILWAY,
                           DIVISIONAL OFFICE, STATION ROAD,
         Digitally
         signed by
         VISHAL
                           HUBBALLI-580023.
VISHAL   NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
         2024.11.08
         10:51:28
         +0530        3.  THE SR. DIVISIONAL ENGINEER (PERSONNEL)
                          ESTATE OFFICER, DIVISIONAL OFFICE,
                          HUBBALLI,
                          NOW AT D.R.M. OFFICE COMPOUND,
                          STATION ROAD, HUBBALLI-580023.
                                                             ... APPELLANTS
                      (BY SRI. AJAY U PATIL, ADVOCATE)

                      AND:

                      1.   ABRAHAM LINCON
                           S/O. Y. DEVADANAM,
                            -2-
                                   NC: 2024:KHC-D:16294
                                   RSA No. 5991 of 2012




     OCC. BUSINESS, R/O. NO. 2 ROAD,
     KESHWAPUR, HUBBALLI-580023.

2.   JOSEPH S/O. Y. DEVADANAM,
     AGE: ABOUT 37 YEARS, OCC. BUSINESS,
     R/O. NO.2 ROAD, KESHWAPUR,
     HUBBALLI-580023.

3.  SHEBA D/O. Y. DEVADANAM
    AGE: ABOUT 35 YEARS, OCC. SERVICE,
    R/O. NO.2 ROAD, KESHWAPUR,
    HUBBALLI-580023.
                                    ... RESPONDENTS
(R2-NOTICE SERVED;
APPEAL AGAINST R1 IS ABATED;
APPEAL AGAINST R3 DISMISSED (V/O/D 31.07.2017)

      THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DATED 09.04.2008 PASSED IN
R.A.NO.154/2005 ON THE FILE OF THE II ADDL. CIVIL
JUDGE (SR.DN.) HUBLI, PARTLY ALLOWING THE APPEAL,
FILED AGAINST THE JUDGMENT DATED 26.07.2005 AND
THE DECREE PASSED IN O.S.NO.505/2003 ON THE FILE
OF THE I ADDL. CIVIL JUDGE (JR.DN.) AT HUBLI,
DISMISSING    THE   SUIT   FILED   FOR   DECLARATION,
MANDATORY AND PERMANENT INJUNCTION.


      THIS APPEAL, COMING ON FOR DISMISSAL, THIS
DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                               -3-
                                        NC: 2024:KHC-D:16294
                                       RSA No. 5991 of 2012




                         ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)

Noting the absence of the learned counsel for the

appellants, the matter is directed to be listed for dismissal.

The matter called out. No representation on behalf of the

appellants.

The appeal is of the year 2012. It appears that the

appellants are not interested in prosecuting the appeal.

The appeal is dismissed for non-prosecution.

Sd/-

______________________ (JUSTICE K.S.HEMALEKHA)

VNP / CT: PA