Karnataka High Court
Karevva W/O. Gyanappa Shivammanavar vs Mohan S/O. Buddivantappa ... on 3 September, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC-D:12652
RSA No. 100465 of 2015
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
REGULAR SECOND APPEAL NO.100465 OF 2015
BETWEEN:
1. SMT. KAREVVA W/O GANGAPPA
SHIVAMMANAVAR, AGE: 75 YEARS,
OCC: HOUSHOLD WORK
R/O. NAVALUR, TQ: DIST: DHARWAD.
2. SMT. SHEKAVVA W/O LAXMAN TAPAL
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. NEAR NEW ENGLISH SCHOOL
BANKAPUR CHOWK, HUBLI.
3. SMT. CHINNAVVA W/O BHEEMAPPA
SONDIYAVAR, AGE: MAJOR,
OCC: HOUSEHOLD WORK,
R/O. TADSINKOPPA,
TQ: DIST: DHARWAD.
Digitally
signed by 4. SMT. GOURAWWA W/O MUDAKAPPA
BHARATHI H TAPAL, AGE: MAJOR.
M OCC: AGRICULTURE
Location: R/O. NAVALUR ,
HIGH COURT TQ: DIST: DHARWAD.
OF
KARNATAKA 5. HANAMANTHAPPA S/O GANGAPPA
DHARWAD SHIVAMMANVAR, AGE: MAJOR.
BENCH OCC: AGRICULTURE, R/O. NAVALUR ,
DHARWAD TQ: DIST: DHARWAD.
6. SMT. NAGAVVA W/O. KARIYAPPA
HUDED, AGE: MAJOR.
OCC: AGRICULTURE
R/O. YERIKOPPA,
TQ: DIST: DHARWAD.
7. SHEKAPPA S/O. GANGAPPA
SHIVAMMANAVAR, AGE: MAJOR.
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NC: 2024:KHC-D:12652
RSA No. 100465 of 2015
OCC: AGRICULTURE, R/O. NAVALUR
TQ: DIST: DHARWAD.
8. ANJAPPA S/O. GANGAPPA
SHIVAMMANAVAR, AGE: MAJOR.
OCC: AGRICULTURE, R/O. NAVALUR,
TQ: DIST: DHARWAD.
9. NOORANDAPPA S/O. GANGAPPA
SHIVAMMANAVAR, AGE: MAJOR,
OCC: AGRICULTURE, R/O. NAVALUR
TQ: DIST: DHARWAD.
10. YELLAPPA S/O GANGAPPA
SHIVAMMANAVAR, AGE: MAJOR,
OCC: POLICE, R/O. NAVALUR
TQ: DIST: DHARWAD.
11. SMT. YALLAVVA W/O BUDDIVANTAPPA
SHIVAMMANAVAR, AGE: MAJOR,
OCC: HOUSEHOLD WORK, R/O. NAVALUR
TQ: DIST: DHARWAD.
VIDE ORDER DATED 28.11.2018,
APPELLANTS NO.5, 7 TO 10 ARE TREATED
AS LEGAL REPRESENTATIVES OF DECEASED
APPELLANT NO.11.
...APPELLANTS
(BY SRI S.B.MALLIGAWAD, ADVOCATE FOR
B.K.MALLIGAWAD, ADVOCATE AND
P.G.CHIKKANARAGUND, ADVOCATE
VIDE ORDER DATED 28.11.2018,
APPELLANTS 5 AND 7 TO 10 ARE TREATED
AS LRS OF DECEASED A11)
AND:
1. MOHAN S/O BUDDIVANTAPPA
SHIVAMMANAVAR, AGE: 52 YEARS,
OCC: AGRICULTURE,
R/O. NAVALUR,
TQ: DIST:DHARWAD.
2. NARAYAN S/O BUDDIVANTAPPA
SHIVAMMANAVAR, AGE: 48 YEARS,
OCC: AGRICULTURE,
R/O. NAVALUR,
TQ: DIST: DHARWAD.
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NC: 2024:KHC-D:12652
RSA No. 100465 of 2015
3. SOMANNA S/O BUDDIVANTAPPA
SHIVAMMANAVAR, AGE: 38 YEARS,
OCC: AGRICULTURE,
R/O. NAVALUR,
TQ: DIST: DHARWAD.
...RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE
ORDER OF THE TRAIL COURT DATED 21.06.2014 IN FDP NO.1/1999
BY I ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD AND JUDGMENT
AND ORDER DATED 15.04.2015 PASSED BY THE IV ADDITIONAL
DISTRICT JUDGE, DHARWAD IN R.A.NO.4/2015 BY ALLOWING THE
APPEAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
ORAL ORDER
The appellants have not taken steps to respondents so
as to issue notice to them, in spite of several opportunities
being given.
This Court on 01.04.2022 has ordered to issue notice
to respondents, but till today, the appellants have not taken
steps. Therefore, the appellants may not be interest in
prosecuting this appeal. Hence, the appeal is dismissed for
non prosecution for having not taken steps to respondents.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA
CT:GSM
