Karnataka High Court
Nagendra S/O. Sitaram Naik vs The State Of Karnataka on 24 October, 2024
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NC: 2024:KHC-D:15503
RSA No. 5523 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO. 5523 OF 2012 (DEC/INJ-)
BETWEEN:
1. NAGENDRA S/O. SITARAM NAIK,
AGE: MAJOR, R/O. BINAGA VILLAGE,
KARWAR TALUK, DIST. KARWAR-580123.
2. PRAKASH S/O. BUDDU NAIK,
AGE: MAJOR, R/O. BINAGA VILLAGE,
KARWAR TALUK, DIST. KARWAR-580123.
...APPELLANTS
(A1- NAGENDRA(ABSENT)-SERVED; A2-PRAKASH(DECEASED)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY DEPUTY COMMISSIONER,
UTTARA KANNADA. KARWAR-580123.
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH THIS RSA IS FILED U/S.100 OF CPC., PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE PASSED BY THE SENIOR
CIVIL JUDGE, KARWAR, DATED 25.01.2012 PASSED IN REGULAR
APPEAL NO.13/2010 IN DISMISSING THE APPEAL FILED BY THE
APPELLANTS, CONFIRMING THE JUDGMENT AND DECREE
DTD.24.10.2008 IN O.S.NO.80/2000 PASSED BY THE CIVIL
JUDGE (JR.DN.), KARWAR, AND TO DECREE THE SUIT FILED THE
PLAINTIFFS IN THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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NC: 2024:KHC-D:15503
RSA No. 5523 of 2012
ORAL JUDGMENT
Court notice issued by this Court on 20.08.2020 returned with an endorsement that appellant No.1 is personally served and appellant No.2 is reported to be dead. Appeal stands abated as against appellant No.2.
2. Appellant No.1 is called out. There is no representation.
3. Appeal is of the year 2012. It appears that appellant No.1 is not interested in prosecuting the appeal. Appeal stands dismissed for non- prosecution.
Sd/-
(JUSTICE K.S.HEMALEKHA) AT LIST NO.: 1 SL NO.: 17