Smt.Lakshmi vs Basavaraj
2022 Latest Caselaw 1871 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

     DATED THIS THE 7th DAY OF FEBRUARY, 2022

                            PRESENT

 THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

                              AND

        THE HON'BLE MR. JUSTICE S. RACHAIAH

       REGULAR FIRST APPEAL NO.100202/2016


BETWEEN:
1 . SMT.LAKSHMI
W/O BASAVARAJ BIJAPUR,
AGE: 28 YEARS,
OCC: HOUSEHOLD WORK,
R/O: TIMMENHALLI,
TQ and DIST: HAVERI. 581110

2 . KUM.AMBIKA
D/O BASAVARAJ BIJAPUR,
AGE: 10 YEARS, OCC: NIL,
R/O: TIMMENHALLI,
TQ and DIST: HAVERI. 581110

3 . KUM.ABHISHEK
S/O BASAVARAJ BIJAPUR,
AGE: 8 YEARS, OCC: NIL,
R/O: TIMMENHALLI,
TQ and DIST: HAVERI. 581110

APPELLANT NO.2 and 3 ARE MINORS,
HENCE THEY ARE REPRESENTED BY
THEIR NATURAL MOTHER APPELLANT NO.1.
                                       .. APPELLANTS
(BY SRI. K.H. BAGI, ADV.)
                                       RFA No.100202/2016

                             2


AND:

1 . BASAVARAJ, S/O FAKKIRAPPA BIJAPUR,
AGE: 37 YEARS, OCC: BAR BENDING,
R/O: BASTI ONI, TQ and DIST: HAVERI. 581110

2 . NAGARAJ, S/O TIPPANNA HAVERI,
AGE: 69 YEARS, OCC: AGRI,
R/O: VIDYANAGAR,
TQ and DIST: HAVERI. 581110

3 . SIDDAPPA
S/O BHARAMAPPA LINGAMMANAVAR,
AGE: 49 YEARS, OCC: BAR BENDING,
R/O: HIRELINGADAHALLI,
TQ and DIST: HAVERI. 581110

4 . NAGAPPA, S/O LAKSHMAN DAMMANAL,
AGE: 40 YEARS, OCC: AGRI,
R/O: HIRELINGADAHALLI,
TQ and DIST: HAVERI. 581110

5 . HAVERAPPA, S/O BHIRAPPA CHINAKALI
AGE: 40 YEARS, OCC: AGRI,
R/O: HIRELINGADAHALLI,
TQ and DIST: HAVERI. 581110
                                         .. RESPONDENTS
(BY SRI.VIJENDRA S. BHIMAKKANAVAR, ADV. FOR RESPONDENT
NO.2.
SRI. SHIVASAI M. PATIL AND SRI. UMESH M. HUBBALLI, ADVS.
FOR RESPONDENT NO.3.
SRI. S.N. BANAKAR, SRI. M.B. PATIL, AND SRI. B.H. KOPPARAD,
ADVS. FOR RESPONDENT NOS.4 AND 5.
RESPONDENT NO.1 IS SERVED AND UNREPRESENTED.)

     THIS RFA FILED UNDER SEC. 96 OF CPC, AGAINST THE
JUDGMENT    AND   DECREE    DTD:29.04.2016   PASSED   IN
O.S.NO.10/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, HAVERI, PARTLY DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION, MESNE PROFITS AND
PERMANENT INJUNCTION.
                                          RFA No.100202/2016

                               3


     THIS RFA COMING ON FOR ORDERS THROUGH PHYSICAL
HEARING/VIDEO   CONFERENCING   HEARING  THIS   DAY,
Dr.H.B.PRABHAKARA SASTRY J., MADE THE FOLLOWING:


                              ORDER

None appear in this matter. In spite of granting

several and sufficient opportunities, the appellants have not

filed the paper book. On 15.09.2021, 04.01.2022,

27.01.2022, time was granted to the appellants to do the

needful, even as finally also. In spite of same, the appellants

neither filed paper book nor appeared and shown any

reasons for non-filing of paper book. Further, the appeal is

one of the old appeal of the year 2016 of this nature pending

before this Court. As such, the appeal stands dismissed for

non-prosecution as well as for non-filing of paper book.

Sd/-

JUDGE

Sd/-

JUDGE kmv