Regular second appeal concerning a property suit dispute was dismissed for default as neither the appellant nor counsel appeared despite repeated absences noted on the order sheet.
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NC: 2024:KHC-D:12780 RSA No. 100675 of 2018
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 04TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
REGULAR SECOND APPEAL NO. 100675 OF 2018 (SP)
BETWEEN:
SRI BOMMANNI CHANNABASAPPA S/O. BOMMANNI SHANKRAPPA, AGE: 76 YEARS, OCC: AGRICULTURE, R/O. HAGARANURU VILLAGE, TQ: HUVINAHADAGLI, DIST: BALLARI.
…APPELLANT
(BY SRI M.S.KUNKOOR AND SRI S.S. YALIGAR, ADVOCATES.)
AND:
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
SMT. ITTAGI RATNAMMA W/O. LATE ITTAGI NINGAPPA AGE: 40 YEARS, OCC: AGRICULTURE R/O. HAGARANURU VILLAGE, TQ: HUVINAHADAGLI, DIST: BALLARI, NOW RESIDING AT MYLARA VILLAGE, TQ: HUVINAHADAGLI, DIST: BALLARI.
…RESPONDENT
(NOTICE SERVED)
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 29.06.2018, PASSED BY THE ITINERATING SENIOR CIVIL JUDGE AT HUVINAHADAGALI, IN R.A.NO.13/2018 REVERSING THE JUDGMENT AND DECREE DATED 30.08.2017 PASSED BY THE CIVIL JUDGE AND JMFC, HUVINAHADAGALI, IN O.S.NO.110/2011 AND TO DECREE THE SUIT IN ENTIRETY WITH COSTS THROUGHOUT BY ALLOWING THE PRESENT APPEAL.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
Learned counsel for the appellant is consecutively absent for several occasions as revealed from the order sheet. Today also learned counsel for the appellant is absent. The appellant is also absent. Therefore, as per section 108 read with Order 41 Rule 17 of the Code of Civil Procedure,
1908, the appeal is dismissed for default.
Sd/(HANCHATE SANJEEVKUMAR) JUDGE
MRK CT:GSM List No.: 2 Sl No.: 3
2 provisions across 1 enactments
Sri Bommani Channabasappa s/o Bommani Shankrappa
Smt. Ittagi Ratnamma w/o Late Ittagi Ningappa
Hanchate Sanjeevkumar
As recorded by the court registry
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