Smt Laxmibai W/O Dattatraya ... vs Sri Allappa
2022 Latest Caselaw 11412 Kant

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                                                                      RFA No. 653 of 2007


                                             IN THE HIGH COURT OF KARNATAKA

                                                     DHARWAD BENCH

                                          DATED THIS THE 17TH DAY OF AUGUST, 2022

                                                         BEFORE
                                           THE HON'BLE MR JUSTICE H.P.SANDESH
                                    REGULAR FIRST APPEAL NO. 653 OF 2007 (PAR-)
                            BETWEEN:

                            1.     SMT LAXMIBAI W/O DATTATRAYA SUVARNA
                                   SINCE DECD., BY HER LRS

                                   1(A)    CHANDRAKANTH BASAWANNEPPA JAMBAGI
                                           MAJOR, OCC: AGRICULTURE
                                           R/O JAMKHANDI, DIST: BAGALKOT580001
                                                                            ...APPELLANT

                            (BY SRI. G K MATHAD,
                               SMT.SEEMA SHIVA NAIK, ADVOCATES (ABSENT)

                            AND:
                            1.     SRI ALLAPPA
                                   S/O MALAKAPPA @ MALLAPPA HOSUR

             Digitally signed by
                                   1A.     SMT.KAMALABAI W/O ALLAPPA HOSUR
SHIVAKUMAR
             SHIVAKUMAR
             HIREMATH
                                           AGE:75 YEARS, OCC:HOUSEHOLD WORK,
HIREMATH     Location: Dharwad
             Date: 2022.08.20
                                            R/O PAGA GALLI, JAMKHANDI,
             11:04:47 +0530                 DIST;BAGALKOT.

                                   1B.    SMT.LAXMI @ KALLAPPA
                                          W/O ASHOK GHATANATTI,
                                          AGE;49 YEARS, OCC:HOUSEHOLD WORK,
                                          R/O SHIVAJI CIRCLE, MAHADWA ROAD,
                                          960:1, BELGAUM.

                                   1C. SMT.VIDYA W/O MALLIKARJUN ALADAKATTI,
                                       AGE;45 YEARS, OCC:HOUSEHOLD WORK,
                                       R/O BAILHONGAL, TQ:BAILHONGAL,
                                       DIST;BELGAUM.
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                                       RFA No. 653 of 2007



     1D.    SMT.SAVITRI @ ASHA
           W/O SHIVANAND YAMAKANAMARADI,
           AGE:43 YEARS, R/O CLUB ROAD,
           CHENNAMMAR CIRCLE, DIST:BELGAUM.

     1E.   SHRI BASAWRAJ S/O ALLAPPA HOSUR
           AGE:47 YEARS, OCC:AGRICULTURE,
           R/O PAGA GALLI, JAMKHANDI,
           DIST:BAGALKOT.

2.   SMT PAWATEWWA
     W/O SHIVANGOUDA PATIL
     SINCE DECEASED BY HER LRs

     2A.   SMT.GEETHA W/O BABU NAD
           AGE:55 YEARS, OCC:HOUSEHOLD WORK,
           R/O OLD HUDCO MIG COLONY,
           BAGALKOT ROAD, BIJAPUR.

     2B.   SMT.ALKA BASAVARAJA MALAGI,
           AGE;50 YEARS, OCC:HOUSEHOLD WORK,
           R/O ADARSH NAGAR,
           1ST BUS STOP, BIJAPUR.

     2C.   SMT.BHARATHI W/O MALLIK ARJUN HUDADALLI
           AGE:45 YEARS, OCC:HOUSEHOLD WORK,
           R/O 15TH PATRABAI CHAWL,
           2ND CROSS, I MAIN STARVA BHOOM,
           ARKERI, BANNERBHATTA,
           BENGALURU.
                                         ...RESPONDENTS

(BY SRI. PRASHANT KADADEVAR, ADV. FOR R1(E),
    SHRI S.P.PATIL, ADV. FOR R1 (A TO E),
        R2 (A), R2 (B), R2 (C) ARE SERVED)

     THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGEMENT AND DECREE DT. 23.12.2006 PASSED IN
OS.NO.131/1998 ON THE FILE OF THE PRL.CIVIL JUDGE
(SR.DN.) JAMKHANDI, DISMISSING THE      SUIT FOR
DECLARATION, PARTITION AND SEPARATE POSSESSION.
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                                            RFA No. 653 of 2007


     THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY. THE COURT DELIVERED THE FOLLOWING.

                           JUDGMENT

Learned counsel for respondent No.1 (E) is present.

Learned counsel for the appellant is absent.

On the last occasion also, there was no representation

for the appellant. Hence, it was made clear that if the learned

counsel for the appellant does not appear on the next date of

hearing, the appeal would be dismissed for non-prosecution.

In spite of the said order, there is no representation for

the appellant. It seems that the appellant is not interested in

prosecuting the matter.

Hence, the appeal is dismissed for non-prosecution.

(SD/-) JUDGE

JM