Basavaraj vs Rudrappa
2022 Latest Caselaw 122 Kant

                           1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 4TH DAY OF JANUARY, 2022

                       PRESENT

         THE HON'BLE MR. JUSTICE G. NARENDAR

                         AND

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

        REGULAR FIRST APPEAL NO. 785/2018

BETWEEN :

 BASAVARAJ
 S/O:LATE BASAPPA,
 AGED ABOUT 55 YEARS
 R/AT MUKTHENAHALLI VILLAGE AND POST,
 HONNALLI TALUK,
 DAVANAGERE DISTRICT.
                                    ...APPELLANT

(BY SRI G.M. CHANDRASHEKHAR, ADVOCATE - ABSENT)

AND:

1.     RUDRAPPA
       S/O: LATE BASAPPA,
       AGED ABOUT 68 YEARS.

2.     NEELAPPA
       S/O:LATE BASAPPA,
       AGED ABOUT 66 YEARS.

       RESPONDENT No.1 TO 2 ARE RESIDING AT
       MUKTHENAHALLI VILLAGE AND POST
                         2




     HONNALI TALUK,
     DAVANAGERE DISTRICT.

3.   SRI HIRIYAMMA YANE EERAVVA
     W/O:NAGAPPA,
     AGED ABOUT 58 YEARS
     R/A:BALLURU VILLAGE, BALLURU POST,
     DAVANAGERE TALUK & DISTRICT.

4.   SRI RUDRAMMA
     W/O:MALLAPPA,
     AGED ABOUT 56 YEARS
     R/A KUNDHUVADA VILLAGE AND POST,
     DAVANAGERE TALUK & DISTRICT.

5.   HEMAKKA
     W/O:MADYALAPPA,
     AGED ABOUT 54 YEARS

6.   KAMALAMMA
     W/O:NAGENDRAPPA,
     AGED ABOUT 52 YEARS

     RESPONDENT No.5 & 6 ARE RESIDING AT
     TANIGERE VILLAGE & POST, CHANNAGIRI TALUK,
     DAVANAGERE DISTRICT.

7.   SHYLA
     W/O:RAMESH,
     AGED ABOUT 25 YEARS

8.   SOWMYA
     W/O BHEEMAPPA,
     AGED ABOUT 24 YEARS

9.   PRAVEEN
     S/O KARIBASAPPA,
                           3




     AGED ABOUT 27 YEARS.

     RESPONDENT No.7 TO 9 ARE RESIDING AT
     MALLAPURA VILLAGE, CHANNAGIRI TALUK,
     DAVANAGERE DISTRICT.


                                         ...RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SEC.96 OF CPC., 1908, AGAINST THE JUDGMENT AND
DECREE DATED 27.01.2018 PASSED IN OS.No.14/2015
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
HARIHARA CIRCUIT COURT AT HONNALLI, PARTLY
DECREEING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
G. NARENDAR J, DELIVERED THE FOLLOWING;

                    JUDGMENT

Case is called. There is no representation.

Appeal has been filed on 23.04.2018. The matter

came to be listed on 03.04.2019 and the co-ordinate

Bench had ordered is as under:

'Finally, three weeks' time is granted to remove office objections'

2. Despite time having been granted finally,

nothing precious was done and matter came to be re-

listed again after the passage of 2 years on

24.02.2021. On 24.02.2021 again two weeks' time

was granted as a final chance and as the appellant

failed to comply, hence the matter was again listed on

15.04.2021 and yet again a week's time was granted

as a final chance. Despite the Court notifying every

grant of time as a final chance, the appellant has

shown scant regard and respect to the order of this

Court. In that view of the matter, we do not find any

justifiable ground to adjourn the matter further.

Accordingly, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE SBS*