Smt.Ramabai W/O. Parushram ... vs Shri.Hanamant S/O. Mallappa ...
2022 Latest Caselaw 5737 Kant

                              1




            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

          DATED THIS THE 30TH DAY OF MARCH 2022

                          PRESENT

      THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

                            AND

      THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR


                  R.F.A. No.100004/2020

BETWEEN

1.    SMT.RAMABAI W/O. PARUSHRAM MACHAKNUR,
      AGE : 38 YEARS, OCC : HOUSEHOLD AND AGRIL,
      R/O : YADWAD,
      NOW RESIDING AT GANGAVATI-583227
      DIST: KOPPAL.

2.    SHRI.BHIMSEN S/O. HANAMANT BAGALKOT,
      AGE : 34 YEARS, OCC : PVT.JOB AND AGRILL,
      R/O : YADWAD,
      NOW R/O. AT BANGALORE-560 001

3.    SMT.LAXMIBAI W/O. HONNAPPA KAMBLE,
      AGE : 32 YEARS, OCC : HOUSEHOLD AND AGRILL.
      R/O : YADWAD,
      NOW RESIDING AT RAMDURG-591123
      DIST : BELAGAVI
                                            .....APPELLANTS
(BY SRI PRASHANT S KADADEVAR, ADV.-ABSENT)

AND
1.    SHRI.HANAMANT S/O. MALLAPPA BAGALKOT,
      AGE 62 YERS, OCC AGRICULTURE,
                               2




     R/O YADWAD-591136, TQ GOKAK,
     DIST BELAGAVI.

2.   SMT.SEVANTHA W/O.HANAMANTH BAGALKOT,
     AGE : 58 YERS,
     OCC : AGRICULTURE AND HOUSEHOLD WORK,
     R/O : YADWAD-591136, TQ : GOKAK,
     DIST : BELAGAVI.

3.   SHRI.MALLAPPA HANAMANT BAGALKOT,
     AGE : 41 YERS, OCC : AGRICULTURE,
     R/O : YADWAD-591136, TQ : GOKAK,
     DIST : BELAGAVI.

4.   M/S.DALMIA CEMENT (BHARAT) LTD.,
     R/BY. ITS LAW OFFICER
     BEHIND SAMUDAY BHAVAN,
     MAYUR SCHOOL ROAD,
     GOKAK-591307
     DIST : BELAGAVI.
                                            .....RESPONDENTS
(APPEAL AGAINST R-1 TO R-3 IS DISMISSED
R-4 SERVED)

      THIS APPEAL IS FILED UNDER SEC. 96 OF CPC., 1908,
AGAINST THE JUDGMENT AND DECREE DTD:15.07.2019 PASSED
IN O.S.NO.469/2014 ON THE FILE OF THE CIVIL JUDGE, PRINCIPAL
SENIOR CIVIL JUDGE, GOKAK, DISMISSING THE SUIT FILED FOR
DECLARATION AND PARTITION.

     THIS   APPEAL   COMING   ON   FOR   ORDERS,   THIS   DAY,
H.T.NARENDRA PRASAD, J. MADE THE FOLLOWING:

                          ORDER

This Court, by order dated 14.02.2022, granted a

week's time to pay process to issue notice to respondent No.4

but the learned counsel for appellants has not paid the

process. On 07.03.2022, one more week's time was granted

to pay process and 23.03.2022, when the matter was called,

none appeared for the appellants and as a last chance, one

week's time was granted to do the needful. Even today, when

the matter was called in the first round, none appeared for

the appellants. Even the matter is called in the second round,

today, none appears for the appellants.

2. A perusal of the order sheet would go to show

that, inspite of granting sufficient time, the appellants have

not paid the process fee. It appears that appellants are not

interested in prosecuting the appeal. Hence, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE Naa