Pappu Mukhari vs Department Of Fisheries
2024 Latest Caselaw 26657 Kant

Karnataka High Court

Pappu Mukhari vs Department Of Fisheries on 7 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                  -1-
                                                                 NC: 2024:KHC:44861
                                                                RSA No. 2898 of 2007




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 7TH DAY OF NOVEMBER, 2024
                                               BEFORE
                            THE HON'BLE MR JUSTICE RAVI V HOSMANI
                        REGULAR SECOND APPEAL NO.2898 OF 2007 (DEC)
                   BETWEEN:
                   1.      PAPPU MUKHARI
                           SINCE DECEASED, REP BY LRS
                   1(a)    MADYALU
                           DECEASED,
                   1(b) SUNDAR
                        AGED 55 YEARS
                   1(c)    KESHAV
                           AGED 52 YEARS
                   1(d) SMT. BABY,
                        AGED 47 YEARS
                           R1(a-d) ARE ALL CHILDREN OF
                           PAPPU MUKHARI (A1), ALL ARE
                           R/AT PONDADU HOUSE, POST YERMAL
                           UDUPI TALUK & DISTTRICT - 576 101.
                                                                       ...APPELLANTS
                   ( A1(c) & A1(d) ARE SERVED AND HELD SUFFICIENT)
                   AND:
Digitally signed   1.     DEPARTMENT OF FISHERIES,
by ANUSHA V               AN UNDERTAKING OF KARNATAKA GOVT.
Location: High            AND REP BY ASSISTANT DIRECTOR OF FISHERIES
Court Of                  (SURVEY) OFFICE OF ASSISTANT DIRECTOR OF
Karnataka                 FISHERIES, KORAGAPPA KRIPA, ALAKE ROAD,
                          MANGALORE, DK - 575 003.
                   2.     TAHSILDAR,
                          UDPUI TALUK, TALUK OFFICE,
                          UDUPI TQ & DIST - 576 101.
                   3.     THE STATE OF KARNATAKA,
                          REP BY THE DEPUTY COMMISSIONER
                          OF UDUPI DISTRICT,
                          UDUPI TQ & DIST - 576 101.
                                                                     ...RESPONDENTS
                   (BY SRI MILIND DANGE, AGA FOR R1 TO R3)
                                -2-
                                           NC: 2024:KHC:44861
                                          RSA No. 2898 of 2007




     THIS RSA FILED U/S 100 OF CPC AGAINST THE JUDGEMENT
AND DECREE DATED 03.08.2007 PASSED IN RA.NO.8/1996 ON THE
FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, UDUPI,
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND
DECREE DATED 31.08.1995 PASSED IN OS.NO.17/1990 ON THE FILE
OF THE PRL.MUNSIFF, UDUPI, D.K.

     THIS APPEAL, COMING ON FOR ORDERS,             THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:       HON'BLE MR JUSTICE RAVI V HOSMANI


                        ORAL JUDGMENT

As per order dated 21.09.2024, Court notice was issued

to appellants. Report received from jurisdictional Civil Court

shows that notice to appellants no.1(C and D) are served

personally, while appellant no.1(B) is reported dead. Since

sufficient time has lapsed after service, no steps have been

taken for engaging counsel. Hence, appeal is dismissed for non-

prosecution.

Sd/-

(RAVI V HOSMANI) JUDGE

GRD