Dismissed¶35

Shri.Kallappa S/O Tippanna Yalival v. Kumar Sampatkumar

Karnataka HC4 Apr 2025RFA/100141/2017

Case brief

AI extract

What is this about?

Karnataka High Court Dharwad Bench; RFA No. 100141 of 2017 (PAR/POS); NC: 2025:KHC-D:6072; decided 04-04-2025 by Justice Umesh M Adiga; dismissal for non-prosecution; no representation for both sides; appeal filed under Sec.96 CPC; challenged judgment and decree dated 26.11.2016 of II Addl. Senior Civil Judge, Hubbali in O.S.No.326/2014; appellant Kallappa Yalival; counsel Jagadish Patil, Veeresh R. Budihal, R. G. Dhongadi all absent; no cases cited; no quantum.

What did the court decide?

When the matter was called out, there was no representation for either side. ¶33

Shri.Kallappa S/O Tippanna Yalival Vs Kumar Sampatkumar — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:6072 RFA No. 100141 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE UMESH M ADIGA

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REGULAR FIRST APPEAL NO. 100141 OF 2017 (PAR/POS)

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BETWEEN:

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SHRI. KALLAPPA S/O. TIPPANNA YALIVAL AGE: 48 YEARS, OCC: BUSINESS, R/O: KERI ONI, UNKAL, HUBBALLI, DIST; DHARWAD-580021.

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…APPELLANT

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(BY SRI. JAGADISH PATIL, ADVOCATE-ABSENT)

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AND:

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Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench.

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KUMAR SAMPATKUMAR S/O. GANGADHAR AKKIYAVARU, AGE MINOR, OCC: STUDENT, R/O. C/O. ARALI KOTRAPPA, NEW 12TH WARD, POST CHITWADGI, TQ: HOSAPETE, DIST; BALLARI-583201. SINCE MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER RESPONDENT NO.2.

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SMT.ASHWINI @ ARLIMANJULA W/O GANGADHAR AKKUYAVARU, AGE 34 YEARS, OCC: HOUSEWIFE, R/O. C/O. ARALI KOTRAPPA, NEW 12TH WARD, POST CHITWADGI, TQ: HOSAPETE, DIST; BELLARY-583201.

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SMT. GURUSHANTAMMA W/O. MAHARUDRAPPA AKKIRAVARU, AGE MAJOR, OCC; HOUSEWIFE, R/O: 25TH WARD, BALIGAR ONI, HUBBALLI,

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NC: 2025:KHC-D:6072 RFA No. 100141 of 2017

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DIST; DHARWAD-580024.

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SMT.KALPANA W/O. PRAKASH ANDRAL, AGE MAJOR, OCC: HOUSE WIFE, R/O. ASHWINI NAGAR, TQ & DIST: HAVERI-58110.

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SHRI. CHANDRASHEKAR S/O. MAHARUDRAPPA AKKIRAVARU, AGE 41 YEARS, OCC: BUSINESS, R/O: 25TH WARD, BALIGAR ONI, HUBBALLI, DIST; DHARWAD-580024.

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SHRI. GANGADHAR S/O. MAHARUDRAPPA AKKIRAVARU, AGE 39 YEARS, OCC: BUSINESS, R/O: 25TH WARD, BALIGAR ONI, HUBBALLI, DIST; DHARWAD-580024.

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SMT. UMA @ VIDYA W/O. NAGRAJ KADDIPUDI, AGE MAJOR, OCC: HOUSE WIFE, R/O. ASHWINI NAGAR, TQ & DIST: HAVERI-58110.

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SMT. SHRIDEVI W/O. AJIT YELAMALI, AGE MAJOR, OCC: HOUSEWIFE, R/O. SONY APARTMENT, LINGRAJ NAGAR, HUBBALLI, DIST: DAHRWAD-580021.

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…RESPONDENTS

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(BY SRI. VEERESH R. BUDIHAL, ADV. FOR R1 & R2-ABSENT; SRI R. G. DHONGADI, ADV. FOR R3 TO R8-ABSENT)

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THIS REGULAR FIRST APPEAL IS FILED U/SEC.96 OF CPC, PRAYING TO CALL FOR RECORDS, SET ASIDE THE JUDGMENT AND DECREE DATED 26.11.2016 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, HUBBALI IN O.S.NO.326/2014, AND THEREBY DISMISS THE SUIT OF THE PLAINTIFFS BY ALLOWING THE PRESENT APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:6072 RFA No. 100141 of 2017

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

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No representation for both the sides.

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The matter was called out in the morning

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session. There was no representation at 12.48 p.m. for the appellant. The matter is of the year 2017. Sufficient opportunity is given. Therefore appeal is dismissed for non-prosecution.

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Sd/(UMESH M ADIGA) JUDGE

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KGK /CT-AN List No.: 1 Sl No.: 8

Shri.Kallappa S/O Tippanna Yalival v. Kumar Sampatkumar

Case brief

What is this about?

What did the court decide?

Shri.Kallappa S/O Tippanna Yalival v. Kumar Sampatkumar

Case brief

What is this about?

What did the court decide?

What the court decided

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