Regular second appeal pending for fourteen years was dismissed for non-prosecution as the appellants failed to appear when the matter was called twice.
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.
1
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.5094 OF 2008 (DEC/INJ)
BETWEEN:
W/O BASAVANNEPPA GUNDAGATTI AGE: 46 YEARS, OCC: HOUSEHOLD, R/O: MASUR, TQ: HIREKERUR, DIST: HAVERI.
1B. RENUKA W/O SHIVANANADAPPA KADADAKATTI AGE: 25 YEARS, OCC: HOUSEHOLD, R/O: TADAKANAHALLI, TQ: HIREKERUR, DIST: HAVERI.
D/O BASAVANNEPPA GUNDADGATTI, AGE: 22 YEARS, OCC: HOUSEHOLD, R/O: MASUR, TQ: HIREKERUR, DIST: HAVERI.
S/O BASAVANNEPPA GUNDADGATTI, AGE: 20 YEARS, OCC: AGRICULTURE, R/O: MASUR, TQ: HIREKERUR, DIST: HAVERI.
2
R/O: MASUR, TQ: HIREKERUR, DIST: HAVERI. …APPELLANTS
(BY SRI.F.V.PATIL., ADVOCATE [ABSENT])
AND:
… RESPONDENTS
(BY SRI R.M.KULKARNI, ADVOCATE FOR R1; R2 ABATED V/O DATED: 20.06.2012)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE OF THE COURT OF CIVIL JUDGE (SR.DN) AND ITINERATE COURT, HIREKERUR DATED:13.07.2007 PASSED IN REGULAR APPEAL NO.66/2001 IN PARTLY ALLOWING THE APPEAL AND SETTING ASDIE THE JUDGMENT AND DECREE DATED:20.08.2001 IN O.S.NO.222/1994 PASSED BY THE CIVIL JUDGE (JR.DN), HIREKERUR IN DISMISING THE SUIT.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though matter called twice, there is no representation
on behalf of appellants.
3
As could be seen from the appeal papers, the appeal is filed in the year 2008. Now we are almost completing the year 2022. The appeal is pending for almost fourteen years.
As already noted above, though matter called twice, there is no representation on behalf of appellants. Hence, the Regular Second Appeal is dismissed for non-
prosecution.
Sd/JUDGE
TKN
Basavanepppa Veerbasappa Gundagatti
Mahadevokka
Manjula
Ramu
Bharmgouda Basavanepppa Gundagatti
Krishnappa
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
