Smt.Huligamma W/O Rudrappa vs Smt.Thippamma W/O Andral ...
2021 Latest Caselaw 2739 Kant

                                             RFA NO.100047/2016

                               1


          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

        DATED THIS THE 9TH DAY OF JULY, 2021

                          PRESENT

         THE HON'BLE MR. JUSTICE R.DEVDAS

                            AND

         THE HON'BLE MS. JUSTICE J.M.KHAZI

 REGULAR FIRST APPEAL NO.100047/2016 (PAR & SP)

BETWEEN:

SMT.HULIGAMMA W/O RUDRAPPA
AGED ABOUT: 44 YEARS, OCC: HOUSEWIFE
R/O: GUGGARAHATTI, W.NO.5
BALLARI-583101, TALUK and DIST: BALLARI.
                                                  ...APPELLANT

(BY SRI.GODE NAGARAJA, ADVOCATE)

AND:

1.     SMT.THIPPAMMA
       W/O ANDRAL ANJINAPPA
       AGED ABOUT 73 YEARS,
       OCC: HOUSEWIFE,
       R/O. GUGGARAHATTI, W.NO.5
       BALLARI-583101, TALUK and DIST BALLARI.

2.     HANUMANTHAPPA
       S/O LATE ANDRAL ANJINAPPA,
       AGED ABOUT: 50 YEARS,
       OCC: AGRICULTURE,
       R/O: GUGGARAHATTI, W.NO.5
       BALLARI-583101, TALUK and DIST: BALLARI.
                                          RFA NO.100047/2016

                             2




3.   Y. ONKARESHWARI
     W/O Y.GIRISH,
     AGED ABOUT 42 YEARS,
     OCC: HOUSEWIFE,
     R/O: HOUSE NO.122A, WARD.NO.18
     GANDHINAGAR MOKA ROAD,
     BALLARI-583101, DIST: BALLARI.

4.   JAY JAIN
     S/O JIWARAJ JAIN,
     AGED ABOUT 54 YEARS,
     OCC: BUSINESS,
     R/O: PATEL NAGAR, BALLARI-583101,
     DIST: BALLARI.

5.   S.P. SREEDHAR
     S/O S. PULLAIAH,
     AGED ABOUT: 45 YEARS,
     OCC: BUSINESS
     R/O: NO.21, CHURCH ROAD,
     SHANTHINAGAR,
     BENGALURU-600018.

6.   SMT.S. LAKSHMI DEVI,
     W/O S.PULLAIAH,
     AGED ABOUT 68 YEARS,
     OCC: HOUSEWIFE,
     R/O: PATEL NAGAR, BALLARI-583101,
     DIST: BALLARI.

7.   AMIT KUMAR BANSAL
     S/O KRISHNA KUMAR BANSAL,
     AGED ABOUT: 53 YEARS,
     OCC: AGRICULTURE
     R/O: NO.1/8/54/1/3,
     2ND FLOOR, VENKAT RAO COLONY,
     P.G. ROAD, SECUNDRABAD-03.
                                              RFA NO.100047/2016

                               3


8.    A.ASHRAQ AHMED
      S/O A. KHAJA MOHIDDIN,
      AGED ABOUT: 44 YEARS,
      OCC: AGRICULTURE
      R/O: HANDIHAL VILLAGE,
      TALUK and DIST: BALLARI-583105.

9.    A.NAWAJ AHAMED
      S/O A.KHAJA MOHIDDIN
      AGED ABOUT: 42 YEARS,
      OCC: AGRICULTURE
      R/O: HOUSE NO.1, REPUBLIC CIRCLE,
      BALLARI-583101, DIST: BALLARI.

10.   E.PRASAD
      S/O LATE E.NAGABHUSHANA RAO,
      AGED ABOUT: 54 YEARS,
      OCC: AGRICULTURE
      R/O: DOOR ONO.61/5,
      CAR STREET, NEAR MARUTHI COLONY,
      BALLARI-583101,
      TALUK and DIST: BALLARI.
                                              ...RESPONDENTS

(BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE FOR R8 - R10;
    R3 - SERVED; R1 AND R1 - ABATED; R4 TO 7 - DISMISSED)
                            ---


      THIS RFA IS FILED UNDER SECTION 96 (1) R/W. ORDER 41
RULE 1 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE PASSED ON 01.08.2015
PASSED BY THE FIRST ADDL. SENIOR CIVIL JUDGE AT: BALLARI,
IN O.S.NO.222/2011, AND TO DECREE THE SUIT AS PRAYED FOR.

      THIS   APPEAL   COMING   ON   FOR   ORDERS   THIS   DAY,
R.DEVDAS J., MADE THE FOLLOWING:
                                                               RFA NO.100047/2016

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                                     ORDER

R.DEVDAS J., (ORAL):

Learned counsel for the appellant submits that, in spite of

his best efforts, the appellant is not cooperating and no instructions

are available. Even in respect of the application which was

required to be filed to recall the order dated 19.01.2021, wherein

the appeal was dismissed as against respondents No.4 to 7, the

appellants have not come forward to file an application.

Consequently, the learned counsel submits that he is not in a

position to go with the matter.

Accordingly, the appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

Sd/-

JUDGE gab