C.Umadevi W/O. Late Leshappa ... vs Rudramuni A/F. Basateppa Bolashettar
2024 Latest Caselaw 27130 Kant

Karnataka High Court

C.Umadevi W/O. Late Leshappa ... vs Rudramuni A/F. Basateppa Bolashettar on 12 November, 2024

                                                -1-
                                                         NC: 2024:KHC-D:16559
                                                         RSA No. 5704 of 2013




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                           DATED THIS THE 12TH DAY OF NOVEMBER, 2024

                                              BEFORE

                            THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                            REGULAR SECOND APPEAL NO. 5704 OF 2013

                      BETWEEN:

                            LESHAPPA S/O. VIRUPAXAPP BOLASHETTER,
                            SINCE DECEASED BY HIS LRS.,

                      1.    SMT. C. UMADEVI,
                            W/O. LATE LESHAPPA BOLASHETTAR,
                            AGE: 69 YEARS,
                            OCC. RETIRED EMPLOYEE,
                            R/O. HIGH SCHOOL FIELD ROAD,
                            NEAR MALNAD NURSING HOME,
         Digitally
                            K R PURAM, HASSAN-573 201.
         signed by
         VISHAL
VISHAL   NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
         2024.11.20
         12:06:26
                      2.    SRI. MAHESH,
         +0530
                            S/O. LATE LESHAPPA BOLASHETTAR,
                            AGE: 42 YEARS, OCC. ENGINEER
                            R/O. HIGH SCHOOL FIELD ROAD,
                            NEAR MALNAD NURSING HOME,
                            K R PURAM, HASSAN-573 201.

                      3.    SRI. IRAPPA,
                            S/O. VIRUPAXAPPA BOLASHETTAR,
                            AGE: 55 YEARS, OCC: AGRICULTURE,
                            R/O. LAXMESHWAR, BASTIBAN,
                            TQ. SHIRAHATTI, DIST. GADAG-582 116.
                          -2-
                                   NC: 2024:KHC-D:16559
                                   RSA No. 5704 of 2013




4. SRI. PRAKASH,
   S/O.MALLESHAPPA BOLASHETTAR,
   AGE: 43 YEARS,
   OCC. AGRICULTURE AND DRIVER,
   R/O. LAXMESHWAR, BASTIBAN,
   TQ. SHIRAHATTI, DIST. GADAG-582 116.
                                     ... APPELLANTS
(BY SRI. V R PATIL, SRI. ASHOK T. KATTIMANI,
ADVOCATES)

AND:

1.   SRI. RUDRAMUNI,
     A/F. BASATEPPA BOLASHETTAR,
     AGE: 53 YEARS,
     OCC. SERVICE AND AGRICULTURE,
     R/O. LAXMESHWAR, BASTIBAN,
     TQ. SHIRAHATTI, DIST. GADAG-582 116.

     SINCE DECEASED BY HIS LRS.,

1A. DRAKSHAYANI W/O. RUDRAMUNI BOLASHETTER,
    AGE: 45 YEARS,
    OCC. HOUSEHOLD WORK, R/O. LAXMESHWAR,
    BASTIBAN, TQ. SHIRAHATTI,
    DIST. GADAG-582 116.

1B. VIJAYALAXMI D/O. RUDRAMUNI BOLASHETTER,
    AGE: 22 YEARS,
    OCC. HOUSEHOLD WORK, R/O. LAXMESHWAR,
    BASTIBAN, TQ. SHIRAHATTI,
    DIST. GADAG-582 116.

1C. NANDA D/O. RUDRAMUNI BOLASHETTER,
    AGE: 10 YEARS, MINOR GUARDIAN HER MOTHER
    DRAKSHAYANI W/O. RUDRAMUNI BOLASHETTER,
    AGE: 45 YEARS, OCC. HOUSEHOLD WORK,
    R/O. LAXMESHWAR, BASTIBAN,
    TQ. SHIRAHATTI.
                                -3-
                                            NC: 2024:KHC-D:16559
                                        RSA No. 5704 of 2013




2.    SMT. DR. SHILPA W/O. VINAY SAJJAN,
      AGE: 35 YEARS, OCC. DOCTOR
      R/O.HIGH SCHOOL FIELD ROAD,
      NEAR MALNAD NURSING HOME,
      K R PURAM, HASSAN-573 201.

3.    SMT. DR. KAVITA W/O. RAJ,
      AGE: 37 YEARS, OCC. DOCTOR
      R/O. HIGH SCHOOL FIELD ROAD,
      NEAR MALNAD NURSING HOME,
      K R PURAM, HASSAN-573 201.
                                ... RESPONDENTS
(BY SMT. PALLAVI S PACHCHAPURE, ADVOCATE FOR
R1(A) AND (B);
R1(C) IS MINOR, REPRESENTED BY R1(A) SMT.
DRAKSHAYANI)

      THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 26.07.2013 PASSED IN
R.A.NO.58/2006    ON     THE    FILE   OF    THE   ADDITIONAL
SENIOR CIVIL JUDGE, GADAG SITTING AT LAXMESHWAR,
ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT
AND    DECREE    DATED    19.04.2006        AND    THE   DECREE
PASSED IN O.S.NO.75/2005 ON THE FILE OF THE CIVIL
JUDGE AND J.M.F.C. LAXMESHWAR, DECREEING THE SUIT
FILED FOR PERMANENT INJUNCTION.


      THIS APPEAL, COMING ON FOR DISMISSAL, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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                                      NC: 2024:KHC-D:16559
                                     RSA No. 5704 of 2013




                      ORAL ORDER

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

Noting the absence of the learned counsel for the

appellants, the matter was directed to be listed today

(12.11.2024) for "dismissal".

2. Even today there is no representation on behalf

of the appellants.

3. The appeal is of the year 2013. It appears that

the appellants are not interest in prosecuting the appeal.

This Court has no option than to dismiss the appeal for

non-prosecution.

4. The appeal is dismissed as non-prosecution.

Sd/-

(JUSTICE K.S.HEMALEKHA)

AT CT:PA