High Court of Karnataka Bench at Dharwad dismissed incumbent appeal and limitation application due to bald affirmation in condign non-appearance.
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: 1 :
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 1st DAY OF MARCH, 2017
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
R.S.A. NO.100632/2015 (PERMT.INJN.)
BETWEEN :
BASAPPA KALLAPPA CHAVADI AGE: 73 YEARS OCC AGRICULTURE R/O. ABBIGERI, TQ: RON DIST: GADAG.-582111.
...APPELLANT
(BY SRI.: M.C.BANDI : S G NAGATHAN)
AND
CHANNABASAPPA SHANKARAPPA HUGAR AGE: 44 YEARS OCC: AGRICULTURE R/O. ABBIGERI, TQ: RON DIST: GADAG-582111.
... RESPONDENT
THIS RSA IS FILED U/SEC.100 OF CPC, ORDER RULES 1 AND 2 OF CPC, AGAINST THE JUDGEMENT & DECREE DTD:1.04.2015 PASSED IN R.A.NO.37/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, RON, DISMISSING THE APPEAL, AND CONFIRMING THE JUDGMENT AND DECREE DTD: 6/9/2014 AND THE DECREE PASSED IN O.S.NO.126/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, RON, DECREEING THE SUIT FILED FOR PERMANENT INJUNCTION.
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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THIS COURT, PASSED THE FOLLOWING:
ORDER
There is 42 days delay in filing the appeal.
filed under Section 5 of the Limitation Act, does not disclose as to when the appellant fell ill and for how long he was ill. Affidavit is so bald and vague. No sufficient reason is made out.
the appeal is also dismissed.
Sd/JUDGE
Vmb
Basappa Kallappa Chavadi
Channabasappa Shankarappa Hugar
Sreenivas Harish Kumar
As recorded by the court registry
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