Ningappa Annappa Mane vs Subhash Sidram Mane
2022 Latest Caselaw 3231 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

      DATED THIS THE 24TH 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.100154/2014

BETWEEN

1.      SHRI NINGAPPA ANNAPPA MANE,
        AGE: 57 YEARS, OCC: AGRICULTURE,
        R/O. SUTTATTI, TQ: RAIBAG

2.      SHRI JYOTEPPA ANNAPPA MANE,
        AGE: 47 YEARS, OCC: AGRICULTURE,
        R/O. SUTTATTI, TQ: RAIBAG
                                           ...APPELLANTS
(BY SMT. BHARATI, ADV. FOR
SRI SHAFIAHAMAD B SHAIK &
SRI SANTOSH B. RAWOOT, ADVS.)

AND

1.      SHRI SUBHASH SIDRAM MANE,
        AGE 52 YEARS, OCC AGRICULTURE,
        R/O. SUTTATTI, TQ RAIBAG.

2.      SHRI VIRUPAXI SIDRAM MANE,
        AGE: 47 YEARS, OCC: AGRICULTURE,
        R/O. SUTTATTI, TQ: RAIBAG

3.      RAJU SIDRAM MANE,
        AGE: 37 YEARS, OCC: AGRICULTURE,
        R/O. SUTTATTI, TQ: RAIBAG
                                               R.F.A.No.100154/2014

                                   2


4.    KALLAPPA SAHADEV MANE,
      AGE: 52 YEARS, OCC: AGRICULTURE,
      R/O. SUTTATTI, TQ: RAIBAG

5.    MARUTI SAHADEV MANE,
      AGE: 42 YEARS, OCC: AGRICULTURE,
      R/O. SUTTATTI, TQ: RAIBAG
                                                          ...RESPONDENTS
(BY SRI RAMACHANDRA A. MALI, ADV.)

      THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 18.07.2014 PASSED IN
O.S.NO.49/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC., RAIBAG, 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:


                             ORDER

Learned counsel for the appellants is physically

present and submits that despite their repeated instruction to

the appellants to co-operate with them in filing the paper

book and proceed further in the matter, the appellants are

not evincing any interest.

2. In that view of the matter, since the learned

counsel for the appellants have expressed their inability to

file the paper book and also as submitted, the appellants

since said to be not evincing any interest in prosecuting the R.F.A.No.100154/2014

matter, the appeal stands dismissed for non-filing of the

paper book and for non-co-operation of the appellants.

Sd/-

JUDGE

Sd/-

JUDGE

Bss