H.M. Kotraiah @ H M Kotrabasaiah vs Kotramma W/O. Late Kotraiah
2022 Latest Caselaw 41 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

       DATED THIS THE 03rd DAY OF JANUARY, 2022

                       PRESENT

 THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
                      AND
      THE HON'BLE MR. JUSTICE S. RACHAIAH

                 RFA NO.100203/2018

BETWEEN:
H.M.KOTRAIAH @ H.M.KOTRABASAIAH,
S/O. LATE NANDIHALLI MATADA BASAIAH,
AGED ABOUT 68 YEARS, HINDU, AGRICULTURIST,
R/O. BANNIKALU VILLAGE,
HAGARABOMMANAHALLI TALUK,
BALLARI, DIST. - 583214
                                       ... APPELLANT
(BY SRI. H.R.GUNDAPPA, ADVOCATE)

AND:

1.   KOTRAMMA W/O. LATE KOTRAIAH,
     60 YEARS, OCC: HOUSEHOLD WORK,
     HINDU, AGRICULTURIST,
     R/O. HOLAGUNDI VILLAGE,
     HUVINAHADAGALI TALUK,
     BALLARI, DIST. - 583214.

2.   SUMANGALAMMA W/O. M.M.KOTRAIAH,
     50 YEARS, HINDU, AGRICULTURIST,
     R/O. SONNA VILLAGE,
     HAGARABOMMANAHALLI TALUK,
     BALLARI, DIST. - 583214.

3.   MALLAMMA W/O. LATE H.M. NAGAIAH,
                                       RFA No.100203/2018
                          2


     56 YEARS, HOUSEHOLD WORK,
     HINDU, AGRICULTURIST,
     R/O. YELUBAGONDANAHALLI VILLAGE,
     HAGARIBOMMANAHALLI TALUK,
     BALLARI, DIST. - 583214.

4.   H.M.DODDA BASAIAHA,
     S/O. LATE NANDIHALLI MATADA BASAIAH,
     48 YEARS, HINDU,
     AGRICULTURIST,
     R/O. K. AYYANAHALLI, VILLAGE.
     KUDLIGI TALUK, BALLARI DISTRICT - 583131.

5.   KOBBAJJI KASTURAMMA
     W/O. LATE KOBBAJJI DODDABASAPPA,
     37 YEARS, OCC: HOUSEHOLD WORK,
     HINDU, AGRICULTURIST,
     R/O. GIREGONDANAHALLI VILLAGE,
     HAGARIBOMMANAHALLI TALUK,
     BALLARI, DIST. - 583214.

6.   GADIHALLI RAMAPPA S/O. THINDAPPA,
     57 YEARS, HOUSEHOLD WORK,
     HINDU, AGRICULTURIST,
     R/O. HANUMAGONDANAHALLI VILLAGE,
     HAGARIBOMMANAHALLI TALUK,
     BALLARI, DIST. - 583214.

7.   HOLAGUNDI DURGAPPA
     S/O. DODDA HANUMANTHAPPA,
     52 YEARS, HOUSEHOLD WORK,
     HINDU, AGRICULTURIST,
     R/O. GIREGONDANAHALLI VILLAGE,
     HAGARIBOMMANAHALLI TQ.
     BALLARI, DIST. - 583214.

8.   H.M.SIDDALINGAIAH,
     S/O. ANDANAIAH,
     58 YEARS, HOUSEHOLD WORK,
                                                RFA No.100203/2018
                                3


     HINDU, AGRICULTURIST,
     R/O. YELLUBAGONDANAHALLI VILLAGE,
     HAGARIBOMMANAHALLI TALUK,
     BALLARI, DIST. - 583214
                                     .. RESPONDENTS

(BY SRI. VISHWANATH HEGDE, ADVOCATE FOR R1 & R2;
R3 TO R8 ARE SERVED AND REMAINED UNREPRESENTED)

     THIS RFA IS FILED UNDER ORDER 41 RULE 1, R/W.
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 28.02.2018 PASSED IN O.S.NO.35/2016 ON THE FILE
OF    THE    SENIOR    CIVIL   JUDGE    AND    JMFC,
HAGARIBOMMANAHALLI, PARTLY DECREEING THE SUIT
FILED FOR PARTITION AND SEPARATE POSSESSION.

      THIS APPEAL COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, DR.
H. B. PRABHAKARA SASTRY, J., MADE THE FOLLOWING:

                            ORDER

Learned counsel for the appellant is not present.

2. Learned counsel for the respondent Nos.1 and 2

alone is physically present in the Court.

3. Despite passing a peremptory order dated

21.09.2021 by this Court, the appellant has not filed paper

book, nor he has appeared either physically or through video

conference and shown any reasons for non-filing of the paper RFA No.100203/2018

book. In that situation the peremptory order dated

21.09.2021 comes into effect.

4. As a consequence the appeal stands dismissed by

virtue of the peremptory order due to non filing of the paper

book and also for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

*Svh/-