Jinnappa S/O Kuberappa Yallur vs Rudrappa Mudakappa Kariyavar
2025 Latest Caselaw 10133 Kant

Karnataka High Court

Jinnappa S/O Kuberappa Yallur vs Rudrappa Mudakappa Kariyavar on 12 November, 2025

                                                   -1-
                                                             NC: 2025:KHC-D:15489
                                                             RSA No. 5279 of 2009


                       HC-KAR




                      IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

                       DATED THIS THE 12TH DAY OF NOVEMBER, 2025

                                            BEFORE

                             THE HON'BLE MR. JUSTICE C M JOSHI

                      REGULAR SECOND APPEAL NO.5279 OF 2009 (INJ)

                      BETWEEN:

                      1.   JINNAPPA S/O. KUBERAPPA YALLUR,
                           AGED ABOUT 51 YEARS,

                      2.   PAYAPPA S/O. KUBERAPPA YALLUR,
                           AGED ABOUT 49 YEARS,

                           BOTH ARE R/O. KOGALGIRI,
                           POST: ARWATGI,
                           DIST. DHARWAD-580 007.
                                                                      ...APPELLANTS
                      (BY SRI. P.V. GUNJAL, ADVOCATE)

                      AND:

                      RUDRAPPA MUDAKAPPA KARIYAVAR
YASHAVANT             AGED ABOUT 63 YEARS,
NARAYANKAR            R/O. KOGALGIRI, POST: ARWATGI,
Digitally signed by
                      DIST. DHARWAD-580007.
YASHAVANT
NARAYANKAR
                                                                      ...RESPONDENT
Date: 2025.11.13      (BY SRI. MANJUNATH JADAI, ADVOCATE)
10:24:07 +0530

                            RSA FILED U/S. 100 OF CPC, PRAYING TO SET ASIDE THE
                      JUDGMENT & DECREE PASSED IN O.S.NO.87/1999 DATED 23.03.2003
                      PASSED BY THE III ADDL. CIVIL JUDGE (JR.DN.) AND JMFC,
                      DHARWAD AND THE JUDGMENT PASSED BY THE SECOND ADDITIONAL
                      CIVIL JUDGE (SR.DN.) DHARWAD IN RA.NO.107/2003 DATED
                      30.09.2008 CONFIRMING THE JUDGMENT AND DECREE OF THE TRIAL
                      COURT AND DISMISSED THE SUIT OF THE PLAINTIFF, IN THE
                      INTEREST OF JUSTICE AND EQUITY.

                           THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
                      JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                               -2-
                                         NC: 2025:KHC-D:15489
                                        RSA No. 5279 of 2009


 HC-KAR




                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

The perusal of the records would reveal that there is no

representation on behalf of the appellants on 04.08.2025,

13.08.2025, 21.08.2025, 09.09.2025, 09.10.2025 and also

today. Therefore, it appears that the appellant is not interested

in prosecuting the appeal. Hence, the appeal is dismissed for

non-prosecution.

SD/-

(C M JOSHI) JUDGE

RKM CT:PA