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2025 DAILYLAW 10507 (KAR)

TAYAPPA AND ANR v. KANTAMMA AND ANR

RSA/200265/2024 · 2025-04-21

Anant Ramanath Hegde

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:2384 RSA No. 200265 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO.200265 OF 2024 (PAR/POS) BETWEEN: 1. TAYAPPA S/O ASHAPPA, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: VILLAGE TOTLOOR, TQ: DIST: YADGIRI – 585 201. 2. MAHADEVAMMA W/O TAYAPPA, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: VILLAGE TOTLOOR, TQ: DIST: YADGIRI – 585 201. …APPELLANTS (BY SRI V.S.PATIL, ADVOCATE) AND: 1. SMT. KANTAMMA W/O TAYAPPA (ALLEGED), AGE: 48 YEARS, OCC: AGRICULTURE, R/O: VILLAGE TOTLOOR, TQ: DIST: YADGIRI – 585 201. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2384 RSA No. 200265 of 2024 2. SUBETAMMA D/O TAYAPPA (ALLEGED) AGE: 12 YEARS, MINORS R/O: VILLAGE TOTLOOR, TQ: DIST: YADGIRI – 585 201. …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE PRAYING TO ALLOW THE APPEAL WITH COSTS, THEREBY SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.07.2018 IN R.A.NO.24/2017 ON THE FILE OF SENIOR CIVIL JUDGE YADGIRI AND THE JUDGMENT AND DECREE PASSED BY THE TRIAL COURT IN O.S.NO.198/2012 DATED 17.10.2015 ON THE FILE OF THE CIVIL JUDGE, YADGIRI AND DISMISS THE SUIT IN O.S.NO.198/2012, IN THE INTEREST OF JUSTICE AND EQUITY. THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - NC: 2025:KHC-K:2384 RSA No. 200265 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. On 13.02.2025, this case was listed. Since there was no representation on that day, as a last chance, two weeks time was granted to remove office objections. 2. In the order dated 13.02.2025 it is stated that, in case if office objections are not removed, the appeal will be dismissed. The office objections are not removed. 3. On 10.03.2025, this case was listed. There was no appearance on the said date. Hence, again ten days time was granted to do the needful. On 24.03.2025 the matter was listed. Again there was no appearance on the said date. 4. Hence, the Court adjourned the matter to 01.04.2025 with a rider that, the appeal will be dismissed in case if office objections are not complied with. 5. However, on 01.04.2025, the matter is not listed. Today the matter is listed and there is no representation on behalf of the appellants. - 4 - NC: 2025:KHC-K:2384 RSA No. 200265 of 2024 6. Consistently, there is no representation on behalf of the appellants, despite the order indicating dismissal of the appeal. 7. Hence, in view of the above, the appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE SVH List No.: 1 Sl No.: 18