No evidence on record. The High Court dismissed the appeal for non-prosecution as the appellants failed to appear or present representation despite the matter being called twice for orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 01ST DAY OF DECEMBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100099 OF 2018 (DEC)
BETWEEN:
S/O SHETTAPPA WALIKAR @ TALWAR, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: YALAVADAL VILLAGE, KALAGHATAGI, DIST: DHARWAD-580125.
3. RAMAPPA
S/O YALLAPPA WALIKAR @ TALWAR, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: YALAVADAL VILLAGE, KALAGHATAGI, DIST: DHARWAD-580125.
4. LAXMAN
S/O YALLAPPA WALIKAR @ TALWAR AGE: 36 YEARS,OCC: AGRICULTURE, R/O: YALAVADAL VILLAGE, KALAGHATAGI, DIST: DHARWAD-580125.
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R/O: YALAVADAL VILLAGE, KALAGHATAGI, DIST: DHARWAD-580125.
...APPELLANTS
(BY SRI B.V.SOMAPUR, L.S. HOTTIN, V.P. VADAVI AND C.B.SHAKUNAVALLI, ADVOCATES, (ABSENT))
AND:
1 . KALLAPPA S/O YALLAPPA TALWAR @ WALIKAR, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: BHOVI ONI, KALAGHATAGI, TQ: KALAGHATAGI, DIST: DHARWAD.-580125.
2 . SMT. MALLAWWA W/O YALLAPPA TALWAR @ WALIKAR, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: BHOVI ONI, KALAGHATAGI, TQ: KALAGHATAGI, DIST: DHARWAD.-580125.
3.B) MALLAPPA S/O NAGAPPA WALIKAR @ TALAWAR, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: YALAVADAL, TQ: KALAGHATAGI, DIST: DHARWAD-580125.
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… RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.12.2016, PASSED BY THE SENIOR CIVIL JUDGE, HUBBALLI, ITINERARY COURT OF KALAGHATAGI, IN O.S.NO.40/2013 AND THE JUDGMENT AND DECREE DATED 24.11.2017, PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD, IN R.A.NO.35/2017 AND TO DECREE THE SUIT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
Though the matter is called twice, there is no representation on behalf of appellants.
The captioned appeal is listed today for orders regarding non compliance of office objection at Sl.No.6 along with counsel submission.
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As already noted above, though the matter is called
twice, there is no representation on behalf of appellants. Hence, the appeal is dismissed for non prosecution.
Sd/JUDGE
MRK
Nagappa S/o Shettappa Walikar @ Talwar
Nagappa S/o Mallappa Walikar @ Talwar
Ramappa S/o Yallappa Walikar @ Talwar
Laxman S/o Yallappa Walikar @ Talwar
Ramappa S/o Kallappa Walikar @ Talwar
Kallappa S/o Yallappa Talwar @ Walikar
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
