Karnataka High Court
Mallayya S/O Fakirayya Itagimath vs Smt.Basavennevva @ Sharada on 16 February, 2022
Bench: Dr. H.B.Prabhakara Sastry, S.Rachaiah
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR. JUSTICE S. RACHAIAH
R.F.A. NO.100445/2019
BETWEEN
1. MALLAYYA S/O FAKIRAYYA ITAGIMATH,
AGE.61 YEARS, OCC. AGRICULTURE,
R/O KALASAPUR,
TQ AND DIST. GADAG-582 103
2. CHANNAYYA S/O FAKRAYYA ITAGIMATH,
AGE.51 YEARS,
OCC. SERVICE,
R/O H.NO.46, TOWNSHIP, DANDELI,
TQ. HALYAL, DIST.
UTTARAKANNADA-581 325
3. PUNDALIKAYYA @ PRAVEEN KUMAR
S/O FAKIRAYYA ITAGIMATH,
AGE.49 YEARS, OCC. SERVICE,
R/O UNIQUE ZONE, 19/1,
JAYALAKSHMI COMPLEX,
DINNER MAIN ROAD, R.T. NAGAR,
BENGALURU-560-032.
...APPELLANTS
(BY SRI. S A SONDUR, ADV.) ABSENT
R.F.A.No.100445/2019
2
AND
1. SMT.BASAVENNEVVA @ SHARADA
W/O LATE BASAVARAJ BHUSANURMATH,
AGE.59 YEARS, OCC. NIL,
R/O BASAVESHWAR NAGAR,
NEAR KAMANAKATTI,
DIST. GADAG-582-101.
2. TOTAYYA S/O FAKKIRAYYA ITAGIMATH,
AGE.61 YEARS, OCC. AGRICULTURE,
R/O KALASAPUR,
TQ AND DIST. GADAG-582-103
3. SMT.SUMITRA @ SUVARNA
W/O VEERBHADRAYYA BHUSANURMATH,
AGE.53 YEARS, OCC. NIL,
R/O BASAVESHWAR NAGAR,
NEAR KAMANAKATTI,
GADAG-582-101.
4. SMT. DHANAVANTI W/O DINESH BANSALI,
AGE.MAJOR (NOT KNOWN),
OCC. HOUSEHOLD,
R/OA RIHANT ENTERPRISES,
STATIONARY AND GENERAL MERCHANTS,
BANK ROAD, GADAG-582-101
5. GOUTAM DEVARAY REVANKAR,
AGE.45 YEARS, OCC. BUSINESS,
R/O B.D. REVANKAR JEWELERS,
SARAF BAZAR, GADAG-582 101.
6. SACHIN SURESHKUMAR JAIN,
AGE.34 YEARS, OCC.BUSINESS,
R/O SARVODAYA COLONY,
NEAR C.D.O. JAIN SCHOOL,
GADAG-5821-101
R.F.A.No.100445/2019
3
7. NAGESHRAO DEVANNARAO PISE,
AGE.MAJOR (NOW KNOWN),
OCC.BUSINESS,
R/O BHARAT TAILORS, BANK ROAD,
GADAG-582-101.
8. SANJAY RAMACHANDRASA MISKIN,
AGE.MAJOR (NOT KNOWN),
OCC. BUSINESS,
R/O WARD NO.28, H.NO.418, MASARI,
GADAG-582 101.
9. LAXMIBAI W/O RAMACHANDRA MISKIN,
AGE.MAJOR (NOT KNOWN),
OCC. BUSINESS,
R/O WARD NO.28, H.NO.418, MASARI,
GADAG-582 101.
10. KASHINATH SIDDAPPA BALOGI,
AGE.MAJOR (NOT KNOWN),
OCC. AGRICULTURE,
R/O. ENERCON INDIA LTD.,
NEAR NAMO YOGNA AND PRAKRUTI
CHIKISTA KENDRA, I CROSS, HUDCO,
GADAG-582-101.
...RESPONDENTS
THIS APPEAL IS FILED UNDER SEC. 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 17.06.2019
PASSED IN O.S.NO.16/2013 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, GADAG, PARTLY
DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS
DAY, Dr.H.B.PRABHAKARA SASTRY J., MADE THE
FOLLOWING:
R.F.A.No.100445/2019
4
ORDER
None appear in this matter either physically or through
video conference. No reasons are forthcoming for their
non-appearance.
2. A perusal of the order sheet would go to show
that the appeal is of the year 2019. Several and sufficient
opportunities even as finally and as a last chance were
already given to the appellants to comply with the office
objections. Despite the same, the appellants neither
complied the office objections nor shown any reason for
non-compliance, as such, the appeal stands dismissed for
non-compliance of office objections as well for
non-prosecution.
Sd/-
JUDGE
Sd/-
JUDGE
Bss
