Karnataka High Court
Gavisiddappa S/O Mudiyappa Divatar vs Smt. Laxmawwa W/O Gavisiddappa Hari on 3 June, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-D:7290-DB
RFA No. 100155 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JUNE 2024
PRESENT
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR JUSTICE T.G.SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO.100155 OF 2022 (PAR/POS)
BETWEEN:
GAVISIDDAPPA
S/O. MUDIYAPPA DIVATAR,
AGE: 58 YEARS,
OCC: AGRI.,
R/O: GOURI ANGAL NEAR,
JOGI BANDI,
KOPPAL-583231.
...APPELLANT
(BY SRI. CHANDRASHEKHAR R. HIREMATH, ADVOCATE)
AND:
Digitally signed by 1. SMT. LAXMAWWA
BHARATHI H M
Location: HIGH W/O. GAVISIDDAPPA HARI
COURT OF
KARNATAKA AGE: 60 YEARS, OCC: AGRI.,
DHARWAD
BENCH
Date: 2024.06.10
R/O: GUNNALLI,
12:11:39 +0530
TQ: KOPPAL-583238.
2. SMT. AKKAMMA
W/O. VEERESHAPPA KANKI
AGE: 55 YEARS, OCC: AGRI.,
R/O: KORI ONI,
SINDHANOOR,
DIST: RAICHUR-584128.
3. SMT. MALLAMMA
W/O. SHIVANNA
AGE: 50 YEARS, OCC: AGRI.,
R/O: HOSPET,
DIST: BELLARY-583201.
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NC: 2024:KHC-D:7290-DB
RFA No. 100155 of 2022
4. GEETHA
W/O. SHANKARAPPA HADIMANI
AGE: 40 YEARS,
OCC: AGRI.,
R/O: KOPPAL-583231.
5. HANUMANTHAPPA
S/O. ESHAPPA DIVATAR
AGE: 45 YEARS, OCC: AGRI.,
R/O: KUKANOOR,
TQ: YELBURGA,
DIST: KOPPAL-583236.
6. SHARANAPPA
S/O. ESHAPPA DIVATAR
AGE: 42 YEARS, OCC: AGRI.,
R/O: KUKANOOR,
TQ: YELBURGA,
DIST: KOPPAL-583236.
7. SHIVAPUTRAPPA
S/O. MUDIYAPPA DIWATAR
AGE: 65 YEARS, OCC: AGRI.,
R/O: PRAGATI NAGAR,
KINNAL ROAD,
KOPPAL-583231.
8. BALAWWA @ SHARADA
W/O. TIRUKAPPA BRISTANNAVAR,
AGE: 70 YEARS,
OCC: HOUSEHOLD,
R/O: VIDYANAGAR, EAST 'C' BLOCK,
HAVERI, TQ. AND
DIST: HAVERI-581110.
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 READ WITH SECTION
151 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
11.04.2012 PASSED IN O.S.NO.13/2011 ON THE FILE OF THE
SENIOR CIVIL JUDGE, AT KOPPAL, DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
T.G.SHIVASHANKARE GOWDA J., MADE THE FOLLOWING:
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NC: 2024:KHC-D:7290-DB
RFA No. 100155 of 2022
ORDER
It is the 2nd defendant's appeal challenging the decree passed in favour of the plaintiffs by the trial Court.
At the earlier point of time, by order dated 14.12.2022, this appeal came to be dismissed for non-compliance of office objections. Vide order dated 31.05.2023 passed on I.As.1/2023 and 2/2023, the order of dismissal came to be recalled and the appeal was restored. Thereafter, the matter was posted for non-compliance of office objections. In spite of sufficient time being granted, the appellant has not complied the office objections. Hence, there are no grounds to grant further time.
Accordingly, the appeal stands dismissed for non- prosecution.
Sd/-
JUDGE Sd/-
JUDGE
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