Onkareppa Kenchayallappa vs Basawwa W/O Kallappa Chinnikatti
2021 Latest Caselaw 995 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 16TH DAY OF JANUARY 2021

                          BEFORE

       THE HON'BLE MR.JUSTICE RAVI V.HOSMANI


                R.S.A. No.333/2006 (DEC)


BETWEEN

1.   ONKAREPPA KENCHAYALLAPPA
     JIGALIKOPPA,
     AGED ABOUT 55 YEARS,
     R/O MATTUR, BYADGI TALUK,
     HAVERI DISTRICT-584146.

2.   PARAMESHWARAPPA KENCHAYELLAPPA
     JIGALIKOPPA,
     AGED ABOUT 52 YEARS,
     R/O MATTUR, BYADGI TALUK,
     HAVERI DISTRICT-584146.

3.   CHANDRASHEKARAPPA KENCHAYELLAPPA
     JIGALIKOPPA,
     AGED ABOUT 50 YEARS,
     R/O MATTUR, BYADGI TALUK,
     HAVERI DISTRICT-584146.

                                           ...APPELLANTS

(By SRI. M V HIREMATH, ADV.(absent))
                              2




AND

1.    BASAWWA W/O KALLAPPA CHINNIKATTI
      SINCE DECEASED BY HER LRS

      KALLAPPA MEENAPPA CHINNIKATTI,
      AGED ABOUT 60 YEARS,
      R/O ABALUR, HIREKERUR TALUK,
      HAVERI DISTRICT-581111.

2.    BASAVARAJAPPA
      KALLAPPA CHINNIKATTI,
      AGED ABOUT 30 YEARS,
      R/O ABALUR, HIREKERUR TALUK,
      HAVERI DISTRICT-581111.

3.    SMT SHARADA W/O NEELAPPA
      AGED ABOUT 28 YEARS,
      STATE BANK OF INDIA,
      RANEBENNUR BRANCH,
      HAVERI DISTRICT-581115.

4.    SHAILA KALLAPPA CHINNIKATTI
      D/O KALLAPPA,
      AGED ABOUT 21 YEARS,
      R/O CHINNIKATTI, BYADGI TALUK,
      HAVERI DISTRICT-581106.

5.    RAJASHREE KALLAPPA
      CHINNIKATTI,
      AGED ABOUT 19 YEARS,
      R/O CHINNIKATTI, BYADGI TALUK,
      HAVERI DISTRICT-581106.

6.    PUTTAPPA KENCHAYALLAPPA
      JIGALIKOPPA,
      S/O KENCHAYALLAPPA,
      AGED ABOUT 57 YEARS,
      R/O CHINNIKATTI, BYADGI TALUK,
                                   3




     HAVERI DISTRICT-581106.

                                                      ....RESPONDENTS

(By Sri.B S SANGATI, ADV. FOR R1,R3,R5;
V/O DT.10.11.2020 APPEAL ABATED AS AGAINST R2;
R4-DELETED; R6-SERVED)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 01.12.2005 PASSED IN
R.A.NO.19/1995 ON THE FILE OF THE CIVIL JUDGE (SR.DN.),
PRL.JMFC,  RANEBENNUR,    DISMISSING  THE   APPEAL   AND
CONFIRMING THE JUDGMENT AND DECREE DATED 23.02.1995
PASSED IN O.S.NO.32/1991 ON THE FILE OF THE MUNSIFF AND
JMFC, BYADGI.

    THIS RSA COMING ON FOR FINAL HEARING, THIS DAY, THE
COURT, MADE THE FOLLOWING:

                                ORDER

Learned counsel for respondent Nos.1, 3 and 5 is present.

There is no representation on behalf of appellants yet again.

2. Learned counsel for respondents submits that

appellants have consistently remained absent. Even on the last

occasion, it is seen that there was no representation and as a last

chance it was ordered to be listed today.

3. Taking note of consistent absence of appellants on

19.03.2020, 10.11.2020, 02.12.2020 and 12.01.2021, appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

KGK