Regular Second Appeal dismissed for non-prosecution as the appellant failed to appear or get a legal representative despite service of court notice and multiple calls in open court.
The appeal was dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 04TH DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.5044 OF 2013 (PAR)
BETWEEN:
BASAWWA @ RATNAWWA W/O ADIVEPPA SHIGGAVI AGE: 45 YEARS, OCC:DOMESTIC WORK, R/O: SAVANUR, TQ: SAVANUR, DIST: HAVERI-583801.
...APPELLANT
(APPELLANT – SERVICE HELD SUFFICIENT)
AND:
W/O. MARITAMMPPA HALANNAVAR AGE: 62 YEARS, OCC: AGRICULTURE, R/O. KIRATAGERI, TQ AND DIST: GADAG.
2 . BASAVARAJ S/O. MARITAMMPPA HALANNAVAR AGE: 35 YEARS, OCC: AGRICULTURE, R/O. KIRATAGERI, TQ AND DIST: GADAG-582101.
3 . RENUKA D/O. MARITAMMPPA HALANNAVAR AGE: 33 YEARS, OCC: AGRICULTURE, R/O. KIRATAGERI, TQ AND DIST: GADAG-582101.
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4 . SHARADA D/O. MARITAMMPPA HALANNAVAR AGE: 29 YEARS, OCC: AGRICULTURE, R/O: KIRATAGERI, TQ AND DIST:GADAG-582101.
5 . BASAVANNEWWA W/O. BHIMAPPA KIRATAGERI AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O. KIRATAGERI, TQ AND DIST: GADAG-582101.
6 . SHANKRAWWA W/O. KALLAPPA HALANNAVAR AGE: 43 YEARS, OCC: DOEMSTIC WORK, R/O. KIRATAGERI, TQ AND DIST: GADAG-582101.
7 . MAHALINGAPPA S/O.SHANKRAPPA HALANNAVAR AGE: 45 YEARS, OCC: AGRICULTURE, R/O. KIRATAGERI, TQ AND DIST: GADAG-582101.
8 . BASAWWA W/O. MAHALINGAPPA HALANNAVAR AGE: 47 YEARS, OCC: DOMESTIC WORK, R/O. KIRATAGERI, TQ AND DIST: GADAG-582101. … RESPONDENTS (BY SMT.PADMAJA S.TADAPATRI., ADVOCATE FOR SRI.K.L.PATIL, ADVOCATE FOR R1, 2, 4 AND 5; R3, R6 TO R8 SERVED AND UNREPRESENTED.)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR RECORDS, PERUSE THE SAME AND SET ASIDE THE JUDGMENT AND DECREE DATED 12.09.2005 IN R.A.NO. 56/2002 PASSED BY THE ADDL. CIVIL
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JUDGE (SR.DN) AT GADAG, AND CONFRIM THE JUDGMENT AND DECREE IN O.S.NO.274/1997 DATED 08.04.2002 BY THE II ADDL. CIVIL JUDGE (JR.DIV) AND J.M.F.C. GADAG. THIS REGULAR SECOND APPEAL POSTED FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned appeal is listed today for orders regarding Court notice served on the appellant.
Smt.Padmaja S.Tadapatri., learned counsel on behalf of Sri.K.L.Patil., for respondents 1, 2, 4 & 5 has appeared in person.
Though the name of appellant – Smt.Basawwa @ Ratnawwa is called out thrice in the open Court, there is no representation on behalf of appellant either personally or through video conferencing.
As could be seen from the daily order sheet, the appeal was listed on 31.05.2017. On that day counsel Sri.H.N.Gularaddi., was permitted to retire from the case and Court issued notice was issued to the appellant.
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Accordingly, Court notice was issued to appellant.
The report of the Principal District and Sessions Judge, Gadag depicts that the notice was served to appellant on 21.06.2017. She has neither engaged services of advocate nor made any efforts to appear either through video conferencing or personally. Her name is shown in the cause list.
As already noted above, though the name of appellant is called out thrice in the open Court, there is no representation on behalf of appellant either personally or through video conferencing. Hence, the Regular Second Appeal is dismissed for non-prosecution.
Sd/JUDGE
TKN
Basawwa @ Ratnawwa W/o Adiveppa Shiggavi
Neelawwa W/o Maritammpappa Halannavar
Basavaraj S/o Maritammpappa Halannavar
Renuka D/o Maritammpappa Halannavar
Sharada D/o Maritammpappa Halannavar
Basavannewwa W/o Bhimappa Kiratageri
Jyoti Mulimani
As recorded by the court registry
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