IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.710/2012 C/W R.S.A.No.709/2012 IN R.S.A.No.710/2012: BETWEEN:
1. SRI CHANNAPURADA NAGAPPA SON OF LATE SOFFA KENCHAPPA AGED ABOUT 42 YEARS AGRICULTURIST 2. SMT. SHANTHAMMA WIFE OF LATE SOFFA KENCHAPPA AGED ABOUT 62 YEARS HOUSEHOLD BOTH APPELLANTS ARE PERMANENT RESIDENT OF KURUMAGANAHALLI VILLAGE, CHATNAHALLI POST- 583 125 HARAPANAHALLI TALUK DAVANAGERE DISTRICT.
..APPELLANTS (BY SRI REUBEN JACOB & SRI D P MAHESH, ADVOCATES - ABSENT) AND:
SRI ABDUL RAHIM SON OF LATE NANDYAL ABDUL, MAZID SAB AGED ABOUT 49 YEARS AGRICULTURIST RESIDENT OF DOOR No.4/336/3 4TH CROSS, NARASARAJPET DAVANAGERE – 577 001.
..RESPONDENT (BY SRI M VISHWAJITH RAI, ADVOCATE - ABSENT) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 03.12.2011 PASSED IN R.A.NO.233/2009 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, DAVANGERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:31.10.2009 PASSED IN O.S.NO.22/2009(O.S.NO.119/2005) ON THE FILE OF THE SENIOR CIVIL JUDGE, HARAPANAHALLI.
R.S.A.No.709/2012:
BETWEEN:
1. SRI CHANNAPURADA NAGAPPA SON OF LATE SOFFA KENCHAPPA AGED ABOUT 42 YEARS AGRICULTURIST.
2. SMT. SHANTHAMMA WIFE OF LATE SOFFA KENCHAPPA AGED ABOUT 62 YEARS HOUSEHOLD.
BOTH APPELLANTS ARE PERMANENT RESIDENT OF KURUMAGANAHALLI VILLAGE, CHATNAHALLI POST- 583 125 HARAPANAHALLI TALUK DAVANAGERE DISTRICT.
..APPELLANTS (BY SRI REUBEN JACOB & SRI D P MAHESH, ADVOCATES - ABSENT) AND:
SRI ABDUL RAHIM SON OF LATE NANDYAL ABDUL, MAZID SAB AGED ABOUT 49 YEARS AGRICULTURIST RESIDENT OF DOOR No.4/336/3 4TH CROSS, NARASARAJPET DAVANAGERE – 577 001.
..RESPONDENT (BY SRI M VISHWAJITH RAI, ADVOCATE - ABSENT) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 3.12.2011 PASSED IN R.A.NO.235/2009 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, DAVANGERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:31.10.2009 PASSED IN O.S.NO.22/2009(O.S.NO.119/2005) ON THE FILE OF THE SENIOR CIVIL JUDGE HARAPANAHALLI.
THESE RSAs COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for appellants absent. No representation. Appeal is of the year 2012 in terms of the present proceedings and of the year 2009 in terms of the regular appeal and of the year 2009 in terms of the original suit. It appears that appellants are not interested to prosecute the appeals. Hence, both the appeals are dismissed for non-prosecution.
Sd/- JUDGE SBN