Sabamma and Anr vs Narayanappa and Ors - Court Judgment

-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 200215 OF 2024 (PAR/POS) BETWEEN:

1. SABAMMA W/O LATE NARAYANAPPA,

2. HECHCHARA SWAMI Digitally signed DIST: RAICHUR - 584 125. by NIJAMUDDIN JAMKHANDI …APPELLANTS Location: HIGH COURT OF (BY SRI J. AUGUSTIN, ADVOCATE (ABSENT) KARNATAKA AND:

1. NARAYANAPPA -2-

2. VENKOBA AGE: 65 YEARS,

3. TAMMANNA AGE: 37 YEARS,

4. MAHADEVAMMA W/O NARASAYYA, AGE: 51 YEARS,

5. CHANNAMMA W/O NARASAPPA ILAGER, AGE: 46 YEARS, R/O: MANVI, TQ: MANVI,

6. SHANTAMMA @ LAXMI W/O NAGARAJA, AGE: 41 YEARS, R/O: NEERAMANVI, TQ: MANVI,

7. PARVATI W/O SHREERAMULU, R/O: SADAPUR, TQ: MANVI, DIST: RAICHUR - 584 123. -3-

8. RENUKA

W/O MALLIKARJUN ILAGER, AGE: 38 YEARS, R/O: LINGASGURU, TQ: LINGASGURU, …RESPONDENTS (BY SRI MAHANTESH PATIL, ADVOCATE FOR R1 AND R2 (ABSENT) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.01.2024 PASSED IN R.A.NO.25/2021 BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT RAICHUR SITTING AT SINDHANUR, WHEREIN DISMISSING THE SUIT OF THE PLAINTIFF / APPELLANT BY CONFIRMING THE JUDGMENT AND DECREE DATED 19.02.2021 PASSED IN BY THE LEARNED AND CONSEQUENTLY ALLOW THE SUIT OF THE PLAINTIFF / APPELLANT I.E., O.S.NO.128/2019 FILED BEFORE THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT LINGASUGUR, IN SO FAR AS PRAYED FOR IN SUIT, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS RSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT

WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI -4-

ORAL JUDGMENT

Though matter was listed for non-compliance of office objections for fifth time, none appears. It was passed over and called again.

2. There is no representation. This would indicate that appellant is not diligent in pursuing appeal. Hence, appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE MSR List No.: 1 Sl No.: 3