Karnataka High Court
Shivanandappa S/O Ujaneppa ... vs Parameswarappa S/O Ujanappa ... on 22 March, 2021
Author: N.K.Sudhindrarao
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22ND DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO
R.F.A.NO.1824/2005
BETWEEN:
1. SHIVANDAPPA
S/O UJANEPPA KAVALI
AGED ABOUT 46 YEARS
OCC: AGRICULTURE
R/O HIREKORNI
TQ. HIREKERUR
DIST: HAVERI
PRESENTLY RESIDING AT
MALLENAHALLI,
TQ. SHIKARIPURA
DIST: SHIMOGA
2. SUDHA
W/O PARAMESHWARAPPA KUDAPALI
SINCE DECEASED BY HER LRS.
3.PARAMESHWARAPPA
S/O SHIVANAGOUDA KUDAPALI
AGED 50 YEARS,
OCC: AGRICULTURE
4. REKHA
D/O PARAMESHWARAPPA KUDAPALI
AGED 17 YEARS
5. ARUNKUMAR
2
S/O PARAMESHWARAPPA KUDAPALI
AGED 17 YEARS
APPELLANTS NO.4 & 5 ARE MINORS
THEY ARE REPRESENTED BY THEIR
NATURAL GUARDIAN APPELLANT NO.3
AND RESIDING AT SUNKAL BIDARI
TQ. RANEBENNUR,
DIST. HAVERI ..APPELLANTS
(BY SRI.M.H.PATIL & SRI.S.L.MATH, ADVOCATE FOR A-1-
ABSENT,
SRI.B.M.SIDDAPPA, ADVOCATE FOR A-3 TO 5 -ABSENT)
AND:
1. PARAMESHWARAPPA
S/O UJANAPPA KAVALI
AGED 44 YEARS
R/O HIREKONTI
TQ. HIREKERUR
DIST: HAVERI
2. UJANAPPA
S/O BASALINGAPPA KAVALI
DECEASED BY HIS LRS.
3. GOURAVVA
W/O HANUMANTHAPPA
MAJOR,
R/O MALLENAHALLI
TQ. SHIKARIPURA
DIST. SHIMOGA
4. IRAVVA
W/O SHIVAMURTEPPA
AGED 51 YEARS
R/O DIVIGIHALLI
TQ. HIREKERUR
3
DIST: HAVERI
5. SHIVANAGAVVA
W/O MALLANAGOUDA NAGAPPANAVARA
SINCE DECEASED
REP. BY HER LRS
5(a)MALLANAGOUDA
S/O UJENEPPA NAGAPPANAVAR
AGED 62 YEARS
OCC: AGRICULTURE
R/O DIVAGIHALLI
TQ. HIREKERUR
DIST. HAVERI
5(b) SMT.MALIGEVVA
W/O RAJAPA PUTTALLI
AGED 30 YEARS,
OCC: HOUSEHOLD
R/O DIVAGIHALLI
TQ. HIREKERUR
DIST. HAVERI
5(c) SMT.INDRA
W/O SATISH KARAGI
AGED 28 YEARS
OCC: HOUSE HOLD
R/O: HOUSING BOARD COLONY
CHANNAHALLI ROAD,
HIREKERUR
DIST: HAVERI
6. SUMITHRA
W/O BASAVARAJAPPA KERAKANAVAR
AGED 42 YEARS,
R/O BANNIHATTI
TQ.BYADAGI
DIST: HAVERI
7. INDIRA
4
W/O MALLESHAPPA SUTTAKOTE
AGED 39 YEARS
R/O TADAKANAHALLI
TQ. HIREKERUR
DIST: HAVERI
8. GADIGEPPA
S/O UJANAPPA KAVALI
SINCE DECEASED BY HIS LRS
8(a) JAYAMMA
W/O GADDIGEPPA KAVALI
AGED 50 YEARS
OCC: HOUSEHOLD
R/O VIDYA NAGAR 2ND CROSS
HIREKERUR,
DIST: HAVERI
8(b) SMT.VASUNDARA
W/O CHANNABASAPPA MALIGER
AGED 35 YEARS
OCC: HOUSEHOLD
R/O NEAR BUS STAND,
MASUR,
TQ: RATTIHALLI,
DIST: HAVERI
8(c) KAVITA
WO NAGESH HALAGERI
AGED 33 YEARS,
OCC: HOUSEHOLD
R/O MANJUNATH NAGAR, 2ND CROSS,
HIREKERUR,
DIST: HAVERI
8(d) RAJU
S/O GADIGEPPA KAVALI
AGED 30 YEARS,
R/O VIDYA NAGAR 2ND CROSS,
5
HIREKERUR,
DIST: HAVERI ..RESPONDENTS
(BY SRI.PRUTHAVI K.S., ADVOCATE FOR R-1,
SMT.SAVITRI YELIGAR, ADVOCATE FOR R-3, 4, 6 & 7,
SRI.G.S.HULAMANI, ADVOCATE FOR R-5(a to c),
RESPONDENT NO.2 -DEAD. R-3 TO R-8 ARE LRS OF
DECEASED R-2,
RESPONDENTS NO.8(a to d) SERVED)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W
SECTION 96 OF C.P.C., AGAINST THE JUDGMENT AND
DECREE DATED 20.09.2005 PASSED IN O.S.NO.97/95 ON
THE FILE OF THE CIVIL JUDGE(SR.DN), RANEBENNUR,
DECREEING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
THIS RFA IS COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appeal is of the year 2005 in terms of the present
appeal and of the year 1995 in terms of the original suit.
Thus, the age of the matter is 26 years. It appears
plaintiff is not interested in prosecuting the appeal. More
over on the previous date of hearing it was ordered that in
case of non-prosecution of the appeal today, appeal shall
stand dismissed for non-prosecution. Accordingly order
dated 15.03.2021 shall come into force at once.
Appeal is dismissed for non-prosecution.
Sd/-
JUDGE
SBN
