Regular second appeal from a property suit decree, dismissed for non-prosecution as the unrepresented appellant did not appear despite personal service of notice.
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NC: 2024:KHC-D:17758 RSA No. 5028 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 3RD DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR SECOND APPEAL NO. 5028 OF 2012 (PAR-)
BETWEEN:
HANMANT S/O. BHIMAPPA HOSUR AGE: 60 YEARS, OCC: AGRICULTURE, R/O. BELAGALI - 587313 TQ: MUDHOL, DIST: BAGALKOT.
…APPELLANT
(BY SRI. HANMANT S/O. BHIMAPPA HOSUR – UNREPRESENTED)
AND:
ASHPAK KASHIMSA MALAGALADINNI
Location: HIGH COURT OF KARNATAKA
2C. VITHAL S/O. MAHALINGAPPA HOSUR, AGE: 25 YEARS, OCC: AGRICULTURE, ALL ARE R/O. BELGALI, TQ: MUDHOL - 587313 DIST: BAGALKOT.
2D. SMT. SATEWWA W/O. LAXMAN DODAMANI, AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. MANTUR,
TQ: MUDHOL – 587313.
2F. PARASAPPA S/O. MAHALINGAPPA HOSUR, AGE: 19 YEARS, OCC: AGRICULTURE.
BOTH R/O. BELGALI, TQ: MUDHOL – 587313.
…RESPONDENTS
(BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE FOR R11)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO CALL FOR THE RECORDS IN O.S.NO. 277/2001 ON THE FILE OF PRL. CIVIL JUDGE (JR.DIV), MUDHOL AND ALSO THE RECORDS IN R.A.NO. 172/2004 ON THE FILE OF SENIOR CIVIL JUDGE AT MUDHOL AND BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREES UNDER APPEAL DATED 24.09.2011 PASSED BY SENIOR CIVIL JUDGE, MUDHOL IN R.A.NO.172/2004 AND ALSO THE JUDGMENT AND DECREE PASSED IN O.S.NO.277/2001 DATED 30.09.2003 ON THE FILE OF PRL. CIVIL JUDGE (JR.DIV), MUDHOL, BY ALLOWING THIS APPEAL AND SUIT OF THE PLAINTIFFS BE DECREED WITH COSTS THROUGHOUT IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Notice issued to the appellant is personally served.
No representation. The appeal is of the year 2012.
This Court does not find any reason to adjourn the matter.
Hence, the appeal is dismissed for non-prosecution.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
RKM CT:ANB List No.: 1 Sl No.: 1
Hanmant S/o Bhimappa Hosur
Gangappa S/o Bhimappa Hosur
Ashpak Kashimsa Malagaladinni
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
