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2025 DAILYLAW 5401 (KAR)

SRI.GOTU @ SAMEER MADHUKAR DESHPANDE v. SRI.SATTEPPA BALAPPA KARIGAR

RFA/100118/2016 · 2025-03-21

Umesh M Adiga

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Judgment text

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- 1 - NC: 2024:KHC-D:11747 RFA No. 100118 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 100118 OF 2016 (DEC/INJ) BETWEEN: SRI. GOTU @ SAMEER MADHUKAR DESHPANDE AGE: 49 YEARS, OCC: BUSINESS, R/O: BRAHMANPURI, MIRAJ-416 416. DISTRICT SANGLI, MAHARASHTRA STATE. …APPELLANT (BY SMT.BHARATI.G.BHAT., ADVOCATE [ABSENT]) AND: 1. SRI. SATTEPPA BALAPPA KARIGAR, AGE 39 YEARS, OCC: AGRICULTURE, 2. SRI. BASAPPA BALAPPA KARIGAR, AGE: 36 YEARS, OCC: AGRICULTURE, BOTH ARE R/O: ALAKHANUR, NOW AT BADBYAKUD, TAL: RAIBAG, DIST: BELAGAVI-590 001. 3. SMT. BAGAWWA W/O SIDDAPPA BAGI, AGE: 45 YEARS, OCC: AGRICULTURE, 4. SMT. LAKKAWWA W/O SATTEPPA PUJARI, Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC-D:11747 RFA No. 100118 of 2016 AGE 43 YEARS, OCC: AGRICULTURE, BOTH ARE R/O: ALAKHANUR, TAL: RAIBAG, DIST: BELAGAVI-590 001. 5. SRI. MAGEPPA BASALINGAPPA THAKKANNAVAR AGE: 45 YEARS, OCC: BUSINESS, R/O: BADBYAKUD, TAL: RAIBAG, DIST: BELAGAVI-590 001. …RESPONDENTS (BY SRI. MAHESH WODEYAR AND SRI. K.ANANDKUMAR., ADVOCATES FOR R1-4; R5-SERVED AND UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. When the matter is listed before the Court, and is called out, the advocate must be present in the Court. His or her absence may effect the case. As could be seen from the appeal papers, the appeal is filed in the year 2016. Now we are in the month of August 2024. The appeal is pending from eight years. As already noted above, though matter called twice, there is no representation - 3 - NC: 2024:KHC-D:11747 RFA No. 100118 of 2016 on behalf of the appellant, either personally or through video conferencing. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 11.1