Karnataka High Court
Smt.Parawwa W/O Sannalingappa ... vs Smt.Basawwa W/O Basappa ... on 23 February, 2022
Bench: Dr. H.B.Prabhakara Sastry, S.Rachaiah
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR. JUSTICE S. RACHAIAH
RFA NO.100086/2021
BETWEEN:
SMT. PARAWWA @ PARVATEWWA W/O.
SANNALINGAPPA NIDUVANI,
AGE 39 YEARS, OCC: AGRICULTURE,
R/O. HALAKUSUGAL, TQ. NAVALGUND,
DIST. DHARWAD, PIN CODE - 582208
.. APPELLANT
(BY SRI. SACHIN C. KULKARNI, ADVOCATE)
AND:
1. SMT. BASAWWA W/O. BASAPPA KANAPPANAVAR,
AGE 54 YEARS, OCC: HOUSEHOLD,
R/O. HULAGERIBANA, LAXMESHWAR,
TQ. LAXMESHWAR, DIST. GADAG,
PIN CODE : 582116.
2. SMT. PARAWWA W/O. CHANDRU JAINAR,
AGE 44 YEARS, OCC: HOUSEHOLD,
R/O. YAVAGAL, TQ. RON, DIST. GADAG,
PIN CODE : 582202.
3. SMT. LAKSHMAWWA W/O. RAMANAGOUDA MARIGOUDAR,
AGE 40 YEARS, OCC: HOUSEHOLD,
RFA NO.100086/2021
2
R/O. BHADRAPUR, TAL: NAVALGUND,
DIST. DHARWAD, PIN CODE : 582201
.. RESPONDENTS
(SRI. S.M.KALWAD, ADVOCATE FOR R1 TO R3)
THIS RFA IS FILED UNDER SECTION 96 READ WITH XLI OF
THE CPC, AGAINST THE JUDGMENT AND DECREE DATED
25.11.2020 PASSED IN O.S.NO.86/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
NAVALGUND, DECREEING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION.
THIS RFA COMING ON FOR ADMISSION THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY,
Dr.H.B.PRABHAKARA SASTRY J., PASSED THE FOLLOWING:
ORDER
None appears in this matter, either physically or
through video conference.
2. A perusal of the order-sheet would go to show
that, in this matter, in spite of granting sufficient
opportunities, the appellant has not proceeded further in
the matter. As such, on 10.02.2022, this Court has made
the following observation:
"None appear in this matter.
RFA NO.100086/2021
Even though this Court, by order dated
31.01.2022 had granted time for ten days to
the appellant as a final opportunity, still the
appellant has neither appeared in this matter
today nor shown any reason for his non
appearance. As such, though this appeal could
have been dismissed for non-prosecution,
however, in the best interest of justice,
imposing the cost of `2,000/- payable by the
appellant to the Advocates' Library Fund of this
Court within a week from today and filing of
compliance memo along with receipt in the
registry within the said time, ten days' time is
granted."
3. In spite of such an observation, the appellant
has neither filed the compliance memo reporting payment
of the cost, nor appeared and shown any reason for non-
compliance of the said direction dated 10.02.2022. As
such, it is a clear case, where the appellant is not at all
evincing any interest in prosecuting this matter.
4. Accordingly, the appeal stands dismissed for
non-prosecution.
RFA NO.100086/2021
5. The cost of `2,000/- ordered in favour of the
Advocates' Library Fund of this Court can be recovered by
the beneficiary of the said order by executing the order
dated 10.02.2022, as a civil decree and in accordance with
law.
6. Registry to transmit a copy of this order to the
Advocates' Library of this Court, forthwith for its
information.
Sd/-
JUDGE
Sd/-
JUDGE
*Svh/-
