Bharamappa Fakkirappa Kodohalli vs Shivanagouda Linganagouda
2021 Latest Caselaw 1704 Kant

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           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

        DATED THIS THE 04TH DAY OF MARCH 2021

                       BEFORE

     THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO


             RSA NO.2115 OF 2005 (RES)
BETWEEN

       BHARAMAPPA FAKKIRAPPA KODIHALLI
       SINCE DEAD BY LRS

1.     SMT. YALLAMMA
       W/O BHARMAPPA KODIHALLI,
       AGE; 58 YEARS, OCC: HOUSEHOLD,
       R/O HANUMANAHALLI,
       TALUK AND DIST HAVERI

2.     SHAMBANNA S/O BHARAMAPPA
       SINCE DECEASED BY LRS.

2A.    SMT. RATNAVVA
       W/O. SHAMBANNA KODIHALLI,
       AGE: 48 YEARS,
       OCC: HOUSEHOLD WORK,
       R/O HANUMANAHALLI
       TQ AND DIST HAVERI

2B.    SANGEETA
       W/O. SADASHIVAPPA MELMURI
       AGE: 23 YEARS,
       OCC: HOUSEHOLD WORK,
       R/O HANUMANAHALLI
       TQ AND DIST HAVERI
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2C.   HANUMANTAPPA
      S/O. SHAMBANNA KODIHALLI,
      AGE: 22 YEARS, OCC: AGRICULTURE,
      R/O HANUMANAHALLI
      TQ AND DIST HAVERI

2D.   NAGARAJ S/O. SHAMBANNA KODIHALLI,
      AGE: 21 YEARS,
      OCC: AGRICULTURE,
      R/O HANUMANAHALLI
      TQ AND DIST HAVERI

3.    FAKKIRAPPA S/O BHARAMAPPA
      KODIHALLI,
      AGE: 30 YEARS, OCC; COOLIE
      R/O: HANUMANAHALLI,
      TQ AND DIST HAVERI

4.    SMT. RATNAVVA W/O YALLAPPA
      KONANAVAR,
      AGE: 33 YEARS,
      OCC: AGRICULTURE,
      R/O: HANUMANAHALLI,
      TQ AND DIST: HAVERI

5.    SMT. RENUKA W/O MAHESHAPPA
      YERESHIMI,
      AGE: 28 YEARS,
      OCC: HOUSEHOLD
      R/O: HANUMANAHALLI,
      TQ AND DIST: HAVERI.
                                         ...APPELLANTS

(APPELLANT NO.1 DEAD; APPELLANT NO.2A &2C SERVED;
APPELLANT NO.2B AND 2D UNSERVED; APPELLANT NO.3
SERVED, APPELLANT NO.4 AND 5 SERVED)
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AND
1.  SHIVANAGOUDA LINGANAGOUDA
    LAKKANAGOUDAR
    SINCE DEAD BY LRS

1A.   SMT. GANGAVVA W/O SHIVANAGOUDA,
      LEKKANAGOUDAR
      AGE: 58 YEARS, OCC: HOUSEHOLD
      R/O: HANUMANAHALLI
      TQ AND DIST: HAVERI

2.    SHEKARAGOUDA
      S/O SHIVANAGOUDA LAKKANAGOUDAR
      AGE: 48 YEARS,
      OCC: AGRICULTURE,
      R/O: HANUMANAHALLI
      TQ AND DIST: HAVERI

3.    NINGANAGOUDA
      S/O SHIVANAGOUDA LAKKANAGOUDAR
      AGE: 45 YEARS, OCC: AGRICULTURE
      R/O: HANUMANAHALLI
      TQ AND DIST HAVERI

4.    ERANAGOUDA
      S/O SHIVANAGOUDA LAKKANAGOUDAR
      AGE: 43 YEARS, OCC: AGRICULTURE
      R/O: HANUMANAHALLI
      TQ AND DIST HAVERI

5.    LALITAVVA W/O SHEKAPPA PUJAR
      AGE: 40 YEARS, OCC; HOUSEHOLD
      R/O LAXMESHWAR
      TQ: SHIRAHATTI, DIST: GADAG.

6.    CHANABASANAGOUDA
      S/O BASANAGOUDA LEKKANAGOUDAR
      AGE: 40 YEARS,
      OCC: AGRICULTURE
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     R/O HANUMANAHALLI
     TQ AND DIST: HAVERI
                                            ...RESPONDENTS
(BY SRI. S. B. PAVAN, ADV., FOR R3 ABSENT;
R1, R3, R5 AND R6 SERVED,
R2 AND R4- SERVICE HELD SUFFICIENT)

     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED 01.09.2005 PASSED IN
R.A.NO 56/2005 (OLD NO.40/2002 ON THE FILE OF THE
PRESIDING     OFFICER,   FAST      TRACK   COURT,   HAVERI,
ALLOWING      THE   APPEAL   AND     SETTING   ASIDE   THE
JUDGEMENT AND DECREE DTD 28.2.2002 PASSED IN OS
2/1987 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN.)
HAVERI etc.


     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

The present appeal is of the year 2005 in respect

of R.A.No.56/2005 preferred against the judgment

and decree passed in O.S.No.2/1987. The parties are

in litigation since 34 years. It appears that the

appellants are not interested in prosecuting the appeal

and there is no justification in adjourning the matter

and hence, it is dismissed for non-prosecution.

Sd/-

JUDGE

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