Nagendra S/O. Sitaram Naik vs The State Of Karnataka
2024 Latest Caselaw 25382 Kant

Karnataka High Court

Nagendra S/O. Sitaram Naik vs The State Of Karnataka on 24 October, 2024

                                                 -1-
                                                           NC: 2024:KHC-D:15503
                                                          RSA No. 5523 of 2012




                                  IN THE HIGH COURT OF KARNATAKA,

                                          DHARWAD BENCH

                             DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                               BEFORE
                               THE HON'BLE MRS JUSTICE K.S.HEMALEKHA


                       REGULAR SECOND APPEAL NO. 5523 OF 2012 (DEC/INJ-)
                      BETWEEN:

                      1.   NAGENDRA S/O. SITARAM NAIK,
                           AGE: MAJOR, R/O. BINAGA VILLAGE,
                           KARWAR TALUK, DIST. KARWAR-580123.

                      2.   PRAKASH S/O. BUDDU NAIK,
                           AGE: MAJOR, R/O. BINAGA VILLAGE,
                           KARWAR TALUK, DIST. KARWAR-580123.
                                                                ...APPELLANTS
                      (A1- NAGENDRA(ABSENT)-SERVED; A2-PRAKASH(DECEASED)

                      AND:

                      THE STATE OF KARNATAKA
                      REPRESENTED BY DEPUTY COMMISSIONER,
                      UTTARA KANNADA. KARWAR-580123.
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
                                                                 ...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH               THIS RSA IS FILED U/S.100 OF CPC., PRAYING TO SET
                      ASIDE THE JUDGMENT AND DECREE PASSED BY THE SENIOR
                      CIVIL JUDGE, KARWAR, DATED 25.01.2012 PASSED IN REGULAR
                      APPEAL NO.13/2010 IN DISMISSING THE APPEAL FILED BY THE
                      APPELLANTS, CONFIRMING THE JUDGMENT AND DECREE
                      DTD.24.10.2008 IN O.S.NO.80/2000 PASSED BY THE CIVIL
                      JUDGE (JR.DN.), KARWAR, AND TO DECREE THE SUIT FILED THE
                      PLAINTIFFS IN THE ENDS OF JUSTICE AND EQUITY.

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

                      CORAM:    THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                               -2-
                                         NC: 2024:KHC-D:15503
                                         RSA No. 5523 of 2012




                         ORAL JUDGMENT

Court notice issued by this Court on 20.08.2020

returned with an endorsement that appellant No.1 is

personally served and appellant No.2 is reported to be

dead. Appeal stands abated as against appellant No.2.

2. Appellant No.1 is called out. There is no

representation.

3. Appeal is of the year 2012. It appears that

appellant No.1 is not interested in prosecuting the

appeal. Appeal stands dismissed for non-

prosecution.

Sd/-

(JUSTICE K.S.HEMALEKHA)

AT