Yellappa Chennappa Betageri vs Shankar Mallappa Vibhuti
2025 Latest Caselaw 9335 Kant

Karnataka High Court

Yellappa Chennappa Betageri vs Shankar Mallappa Vibhuti on 23 October, 2025

                                                    -1-
                                                               NC: 2025:KHC-D:14178
                                                              RSA No. 5424 of 2009


                         HC-KAR




                        IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

                         DATED THIS THE 23RD DAY OF OCTOBER, 2025

                                             BEFORE

                               THE HON'BLE MR. JUSTICE C M JOSHI

                          REGULAR SECOND APPEAL NO. 5424 OF 2009

                        BETWEEN:

                        YELLAPPA CHENNAPPA BETAGERI
                        AGED ABOUT 59 YEARS, OCC. BAILIFF,
                        R/A. NAVALGUND,
                        NOW AT HUBBALLI-580028.
                                                                           ...APPELLANT
                        (BY SRI. G.R. ANDANIMATH AND SRI. S.S. NIRANJAN, ADVOCATES)

                        AND:

                        SHANKAR MALLAPPA VIBHUTI
                        AGED ABOUT 55 YEARS,
                        OCC. HONORARY SECRETARY SHAMBHAVI GRIHA NIRMANA
                        SAHAKARI SANGH NIYAMIT,
                        HUBBALLI, C/O. BAGARPET,
                        NEAR ALTAF KITTUR BUILDING, OLD HUBBALLI,
           Digitally
                        HUBBALLI-580028.
YASHAVANT
           signed by
           YASHAVANT
           NARAYANKAR
                                                                    ...RESPONDENT
NARAYANKAR Date:
           2025.10.24
           14:16:49
                        (BY SRI. P.L. SATHYMOORTHY AND
           +0530
                            SRI. S.J. KORI, ADVOCATE FOR C/R)

                             THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
                        SET ASIDE THE JUDGMENT AND DECREE DATED 29.06.2009
                        ALLOWING R.A.NO.6/2008 PASSED BY THE LEARNED I ADDITIONAL
                        DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI
                        AND RESTORE THE JUDGMENT AND DECREE DATED 29.11.2007
                        DECREEING PARTLY O.S.NO.158/2004 PASSED BY THE LEARNED I
                        ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) HUBBALLI BY
                        ALLOWING THIS APPEAL WITH COSTS THROUGHOUT.

                             THIS APPEAL, COMING ON FOR ARGUMENTS          THIS   DAY,
                        JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                       -2-
                                                     NC: 2025:KHC-D:14178
                                                    RSA No. 5424 of 2009


 HC-KAR




                                 ORAL JUDGMENT

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

On a careful perusal of the records, it is evident that none

had appeared for the appellant on 06.02.2024, 30.05.2024,

13.06.2024, 04.07.2024, 07.08.2024, 23.08.2024, 06.08.2025,

29.08.2025 and on 16.09.2025. Thus, it is evident that the

appellants are not interested in prosecuting the appeal. So also,

pursuant to the order dated 06.02.2024, the cost of Rs.2,000/-

has not been paid. Hence, the appeal is dismissed for

non-prosecution.

SD/-

(C M JOSHI) JUDGE

RKM CT:PA