Parvatevva @ Paratevva W/O ... vs Yallappa S/O Kanakappa Adin. Age: ...
2022 Latest Caselaw 1985 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 08TH DAY OF FEBRUARY, 2022

                         BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                R.S.A.NO.5609/2012 (PAR)

BETWEEN

SMT.PARVATEVVA @ PARATEVVA
W/O SAKARAPPA MANNI,
AGE: 59 YEARS, OCC: HOUSE HOLD,
R/O GULEDAGUDDA, TQ: BADAMI,
DIST: BAGALKOT-587201.
                                           ... APPELLANT
(SMT.PARVATEVVA @ PARATEVVA
W/O SAKARAPPA-APPELLANT)

AND

1.     SRI YALLAPPA
       S/O KANAKAPPA ADIN,
       SINCE DECEASED BY HIS LRS.

1(A)   MALLAVVA W/O YALLAPPA ADIN,
       AGE : 36 YEARS, OCC: HOUSEHOLD,
       R/O KAMATAGI, TQ : HUNAGUND.

1(B)   PARASAPPA S/O YALLAPPA ADIN,
       AGE : 16 YEARS,
       R/O KAMATAGI, TQ : HUNAGUND.
       SINCE MINOR REP.BY HIS MOTHER
       RESPONDNET NO.1(A).

2.     SMT.KASTUREVVA
       W/O SHIVAPUTRAPPA ADIN,
       AGE: 39 YEARS, OCC: HOUSE HOLD,
       R/O KAMATAGI, TQ: HUNAGUND,
       DIST: BAGALKOT-587 203.

3.     YALLAVVA D/O SHIVAPUTRAPPA ADIN
                             2




     AGE: 19 YEARS, OCC: HOUSE HOLD,
     R/O KAMATAGI, TQ: HUNAGUND,
     DIST: BAGALKOT-587 203.

4.   SHIDDAMMA D/O SHIVAPUTRAPPA ADIN,
     AGE: 14 YEARS, OCC: NIL.,
     R/O KAMATAGI, TQ: HUNAGUND,
     DIST: BAGALKOT-587 203.

5.   KANAKAPPA
     D/O SHIVAPUTRAPPA ADIN,
     AGE: 12 YEARS, OCC: NIL.,
     R/O KAMATAGI, TQ: HUNAGUND,
     DIST: BAGALKOT-587 203.

6.   HUCHCHAMMA
     D/O SHIVAPUTRAPPA ADIN,
     AGE: 10 YEARS, OCC: NIL.,
     R/O KAMATAGI, TQ: HUNAGUND,
     DIST: BAGALKOT-587 203.

7.   HUCHCHAPPA
     S/O SHIVAPUTRAPPA ADIN
     AGE: 8 YEARS, OCC: HOUSE HOLD,
     R/O KAMATAGI, TQ: HUNAGUND,
     DIST: BAGALKOT-587 203.

      SINCE MINOR REP. NO.4 TO 7 ARE MINORS
      REPRESENTED BY THEIR MOTHER,
      MGM RESPONDENT NO.2
                                            ...APPELLANTS
(BY SRI M.B.KANAVI, ADVOCATE FOR R.2 & R.3)
(NOTICE TO RESPONDENT NOS.1(A) & R(B) : SERVED)
(RESPONDENT NOS.4 TO R.7 : MINORS R/BY M/G R.2)

      THIS RSA IS FILED UNDER SECTION 100 OF THE CODE
OF CIVIL PROCEDURE, 1908 PRAYING THIS COURT TO SET
ASIDE THE JUDGEMENT & DECREE DATED 16.01.2012 PASSED
IN R.A.NO.20/2008 BY THE SENIOR CIVIL JUDGE, HUNAGUND
BY CONFIRMING THE JUDGMENT AND DECREE DATED
15.02.2008 IN O.S.NO.187/2002 BY THE CIVIL JUDGE (JR.DN.),
HUNAGUND BY DECREEING THE SUIT OF THE PLAINTIFF IN THE
INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                               3




                        : JUDGMENT :

By order dated 09.12.2021 this Court had

permitted the learned counsel for the appellant on

record to retire from the case and registry was

directed to show the name of appellant in the cause

list.

Though legal notice was issued on 11.08.2020

and the same is served on the appellant, he has not

taken any steps to engage any other counsel. It is also

forthcoming from the records that while taking back

the papers, the appellant has also signed and

acknowledged for having taken back the papers.

Therefore, this Court would find that, the appellant is

not at all interested in prosecuting the appeal.

Accordingly, the appeal is dismissed for non

prosecution.

SD/-

JUDGE EM