Siddappa Sidramappa Badawadagi vs Gopal Kedarnath Pesale @ Patil
2025 Latest Caselaw 107 Kant

Karnataka High Court

Siddappa Sidramappa Badawadagi vs Gopal Kedarnath Pesale @ Patil on 1 April, 2025

                                                   -1-
                                                                NC: 2025:KHC-D:5799
                                                               RSA No. 5117 of 2008




                                   IN THE HIGH COURT OF KARNATAKA,
                                            DHARWAD BENCH
                                 DATED THIS THE 1ST DAY OF APRIL, 2025
                                                BEFORE
                                 THE HON'BLE MR. JUSTICE E.S.INDIRESH
                           REGULAR SECOND APPEAL NO. 5117 OF 2008 (DEC/INJ-)
                      BETWEEN:
                      SIDDAPPA SIDRAMAPPA BADAWADAGI,
                      AGE: 80 YEARS, OCC: RETIRED TEACHER,
                      R/O. BAGALKOT.
                                                                        ...APPELLANT
                      (BY SRI. P.H. GOTKHINDI, ADVOCATE)
                      AND:
                      1.     GOPAL KEDARNATH PESALE @ PATIL,
                             SINCE DECEASED BY HIS LRS

                      1(A) MAITRABAI GOPAL PISALE @ PATIL,
                           AGED ABOUT 60 YEARS,
                           OCC: HOUSEHOLD WORK,
                           R/O. 97-E, G OLD PINCH PETH,
                           SHOLAPUR-413007.

MOHANKUMAR
B SHELAR              1(B) VIJAYA GOPAL PATIL @ PISALE,
                           AGED 45 YEARS, OCC: BUSINESS,
Digitally signed by
MOHANKUMAR B
SHELAR                     R/O. 97-E, G OLD PINCH PETH,
Location: HIGH
COURT OF
KARNATAKA                  SHOLAPUR-413007.
DHARWAD BENCH




                      1(C) RANAJEET GOPAL PATIL @ PISALE,
                           AGED 38 YEARS, OCC: SERVICE,
                           R/O. 97-E, G OLD PINCH PETH,
                           SHOLAPUR-413007.

                      2.     GAJANAN S/O. KEDARNATH PISALE @ PATIL,
                             AGE: MAJOR BY HIS POWER OF ATTORNEY HOLDER,
                             PIRAJI RAHOBA WADAKAR,
                             AGE: MAJOR OCC: SERVICE,
                             R/O. BAGALKOT-587101.
                                   -2-
                                              NC: 2025:KHC-D:5799
                                            RSA No. 5117 of 2008




3.   SAROJINI W/O. JOTIBA JADHAV,
     AGE: MAJOR, OCC: HOUSEHOLD WORK,
     R/O. BAGALKOT-587101.

4.   KAVITA D/O. JOTIBA JADHAV,

5.   SUNITA D/O. JOTIBA JADHAV,

6.   SUDHA D/O. JOTIBA JADHAV,
     (SINCE MINORS REPRESENTED BY THEIR
     MINOR GUARDIAN
     SAROJINI JOTIBA JADHAV,
     R/O. BAGALKOT-587101)

7.   PRAMILA PANDURANG PAWAR,
     AGED 35 YEARS, OCC: HOUSEHOLD WORK,
     R/O. PANDHARAPUR, DIST: SHOLAPUR-413007.

8.   ANILKUMAR KEDARNATH PISALE,
     AGE: 30 YEARS, OCC: BUSINESS,
     R/O. 97-E GOLD PINCH PETH, SHOLAPUR-413007.
                                            ...RESPONDENTS
(BY SRI. P.A. KULKARNI, ADVOCATE FOR R1(A-C), R2 & R3;
    NOTICE TO R7 & R8 IS HELD SUFFICIENT)


     THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC PRAYING TO CALL FOR RECORDS ON THE FILE OF THE
COURT   OF    PRINCIPAL   CIVIL    JUDGE   (SR.DN.)   BAGALKOT   IN
R.A.NO.59 OF 95 AND ALSO IN O.S.NO.6/90 ON THE FILE OF COURT
OF PRINCIPAL MUNSIFF BAGALKOT AND ON PERUSUAL OF THE SAME
BE PLEASED TO SET ASIDE THE JUDGMENT AND DECREE DATED 06-
06-08, AND 29.3.1995 RESPECTIVELY IN THE INTEREST OF JUSTICE
AND EQUITY.


     THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                           NC: 2025:KHC-D:5799
                                         RSA No. 5117 of 2008




CORAM:     THE HON'BLE MR. JUSTICE E.S.INDIRESH

                         ORAL JUDGMENT

No representation on behalf of the appellant.

Perusal of the previous order sheet would indicate

that there was no representation on behalf of the appellant

on 30.05.2024, 13.06.2024, 27.06.2024 and 15.07.2024

and as on today also.

In that view of the matter, the appellant is not

interested to prosecute the appeal. Accordingly, the appeal

is dismissed for non-prosecution.

Sd/-

(E.S.INDIRESH) JUDGE

SH CT-MCK